Torres, Benadeto Vega Iii ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,531-01
EX PARTE BENADETO VEGA TORRES III, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 11360 IN THE 287TH DISTRICT COURT
FROM PARMER COUNTY
Per curiam.
OPINION
Applicant pleaded guilty to delivery of marihuana in a drug free zone and was sentenced to
four years’ imprisonment. 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 his plea was involuntary because trial counsel wrongly advised
Applicant that he would be eligible for parole. Based on the record, the trial court has determined
that trial counsel’s performance was deficient and that Applicant would have insisted on a trial but
for counsel’s deficient performance.
Relief is granted. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Moussazadeh, 361 S.W.3d
2
684 (Tex. Crim. App. 2012). The judgment in cause number 3603 in the 287th District Court of
Parmer County is set aside, and Applicant is remanded to the custody of the Sheriff of Parmer 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: October 28, 2020
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