CourtListener 10373460•Gonzalez, Carlos
Full text
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,307-01
EX PARTE CARLOS GONZALEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 19FC-1982F(1) IN THE 214TH DISTRICT COURT
NUECES COUNTY
Per curiam.
OPINION
Applicant pleaded guilty to aggravated assault with a deadly weapon. The Thirteenth Court
of Appeals dismissed his appeal for want of jurisdiction. Gonzalez v. State, No. 13-21-00047-CR
(Tex. App.–Corpus Christi-Edinburg, May 27, 2021). 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’s initial sentence was statutorily authorized at the time it was pronounced.
However, the increase in punishment was unauthorized. See, e.g., Harris v. State, 153 S.W.3d 894,
395-96 (Tex. Crim. App. 2005); State v. Aguilera, 165 S.W.3d 695, 697 (Tex. Crim. App. 2005).
The habeas court concludes that Applicant was denied due process and should be granted a new
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punishment hearing.
The sentence in cause number 19FC-1982F in the 214th District Court of Nueces County is
set aside, and Applicant is remanded to the custody of the Sheriff of Nueces County for a new
punishment hearing. 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 02, 2025
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