Cruz, Basilio ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,798-03
EX PARTE BASILIO CRUZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2018-DCR-00222-A IN THE 107TH DISTRICT COURT
FROM CAMERON COUNTY
Per curiam.
OPINION
Applicant was convicted of one count of possession of marihuana and one count of
possession of cocaine and sentenced to five years’ imprisonment for each count. Applicant filed
this application for a writ of habeas corpus in the county of conviction, and the district clerk
forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends that counsel was ineffective and that law enforcement violated his Fourth
Amendment rights. Applicant does not allege facts which, if true, would entitle him to relief. Ex
parte Maldonado, 688 S.W.2d 114, 116 (Tex. Crim. App. 1985). Nevertheless, the State and trial
court recommend that Applicant be granted relief because he agreed to an illegal sentence. It is
apparent from the face of the record that Applicant is entitled to relief.
2
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in cause
number 2018-DCR-0222 in the 107th District Court of Cameron County is set aside, and Applicant
is remanded to the custody of the Sheriff of Cameron County to answer the charges as set out in the
indictment. The trial court shall issue any necessary bench warrant within ten days from the date of
this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Delivered: April 29, 2020
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