Victoria, Manuel Sanchez ( 2010 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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  NO. WR-66,146-02

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EX PARTE MANUEL SANCHEZ VICTORIA, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1020158 IN THE 179TH DISTRICT COURT

FROM HARRIS COUNTY

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           Per curiam.

O R D E R  

           Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of burglary of a habitation and sentenced to forty years’ imprisonment. He did not appeal his conviction.

            Applicant contends, among other things, that trial counsel failed to advise him that if he pleaded guilty, he would waive his right to appeal. On February 27, 2008, we remanded this application for findings of fact and conclusions of law. On remand, the trial court made findings and conclusions and determined that although counsel’s advice was deficient, Applicant was not prejudiced. The trial court determined, among other things, that because the court of appeals concluded that Applicant’s appeal in cause number 1028993, a related aggravated assault case, was frivolous and without merit, Applicant failed to demonstrate that he was prejudiced by counsel’s advice. This determination erroneously suggests that an applicant who was denied his right to appeal is not prejudiced unless his appellate claims would have been meritorious. An applicant is prejudiced if he was denied his right to be in the appellate process. With these words, we deny relief.  

Filed: December 8, 2010

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