# Alejandrez, Delfino

> Court of Criminal Appeals of Texas · September 3, 2026

URL: https://www.frixlaw.com/law-library/cases/11436183

## Case

- **Court:** Court of Criminal Appeals of Texas
- **Decided:** September 3, 2026
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Nature of suit:** 11.07 HC
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,666-01

EX PARTE DELFINO ALEJANDREZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 916298-A IN THE 339TH DISTRICT COURT
HARRIS COUNTY

Per curiam. YEARY, J. filed a dissenting opinion in which FINLEY and
PARKER, JJ., joined.

OPINION

Applicant was convicted of Aggravated Robbery and sentenced to 16 years’

imprisonment. The First Court of Appeals affirmed his conviction. Alejandres v.

State, No. 01-02-01029-CR (Tex. App.—Houston [1st Dist.] Jan. 8, 2004) (not

designated for publication). 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.
2

Applicant contends that trial counsel was ineffective because counsel gave

incorrect advice with respect to punishment election. Specifically, trial counsel

advised Applicant that he could receive community supervision from the judge at

punishment when, in fact, only the jury could award community supervision for

the charged offense under the version of Article 42.12 § 3(g) of the Texas Code of

Criminal Procedure in effect at the time. This advice caused Applicant to elect the

judge for punishment, despite Applicant’s desire to obtain community supervision.

Based on the record, the trial court has determined that counsel’s performance was

deficient and that Applicant was prejudiced.

Relief is granted. Strickland v. Washington, 466 U.S. 668 (1984). The

sentence in cause number 916298 in the 339th District Court of Harris County is

set aside, and Applicant is remanded to the custody of the Sheriff of Harris 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: September 3, 2026
Publish

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11436183. Public record. Not legal advice.