Articles Posted in Texas Court of Criminal Appeals

by
Cristian Aguilar, a Honduran national with temporary protected status, pleaded guilty to the state-jail felony of attempting to evade arrest in a motor vehicle and was sentenced to six months’ imprisonment. In his application for a writ of habeas corpus, Aguilar alleged that his plea counsel, who gave incorrect advice regarding the immigration consequences of the guilty plea, was ineffective and his plea was involuntary. The Court of Criminal Appeals found, after review, Aguilar had shown he would not have pleaded guilty if he had been correctly advised of the relevant immigration consequences. Therefore, the Court held ineffective assistance of counsel rendered his plea involuntary and vacated his plea. View "Ex parte Cristian Aguilar" on Justia Law