CourtListener 9474211•Diaz Hernandez, Jose De Jesus AKA Diaz, Jose
Diaz Hernandez, Jose De Jesus AKA Diaz, Jose
CourtListener 9474211Texcrimapp7 de fev. de 2024
Texto completo
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,281-01
EX PARTE JOSE DIAZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-98-980863-A IN THE 167TH DISTRICT COURT
FROM TRAVIS COUNTY
Per curiam. YEARY, J., filed a dissenting opinion in which KEEL, J., joined. KELLER,
P.J., and SLAUGHTER, J., dissented.
OPINION
Applicant pleaded guilty to a state jail felony possession of a controlled substance and was
sentenced to six months in the Travis County Correctional Center. 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 failed to inform him
of the Travis County drug diversion program or attempt to negotiate for Applicant’s placement in
the program. Applicant qualified for placement in the drug diversion program, and successful
completion would have resulted in the dismissal of the charge. Applicant states that he would have
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accepted placement in the diversion program if he had known about this option. Based on the record,
the trial court has determined that trial counsel’s performance was deficient and that, but for
counsel’s deficient performance, Applicant would not have accepted a plea bargain that resulted in
a felony conviction.
Relief is granted. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781
(Tex. Crim. App. 2013). The judgment in cause number 0980863 in the 167th District Court of
Travis County is set aside, and Applicant is remanded to the custody of the Sheriff of Travis 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: February 7, 2024
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