The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,174-01
EX PARTE MOSES ELIGIO AGUILAR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 17FC-4293–C(1) IN THE 94TH DISTRICT COURT
FROM NUECES COUNTY
Per curiam.
OPINION
Applicant pleaded guilty to recklessly causing bodily injury to a child in exchange for
deferred adjudication community supervision. He was later adjudicated guilty and sentenced to four
years’ imprisonment. He did not appeal his conviction. 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, among other things, that his plea was involuntary because he was
admonished that he was pleading guilty to a second degree felony, when the offense as charged was
in fact a state jail felony with a maximum sentence of two years in state jail. Applicant alleges that
he would not have pleaded guilty to the offense but for the threat of receiving a twenty-year sentence
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if convicted at trial. Based on the record, the trial court has determined that Applicant entered an
unknowing and involuntary guilty plea pursuant to a plea bargain based upon an erroneous higher
range of punishment.
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in cause
number 17FC-4293-C in the 94th District Court of Nueces County is set aside, and Applicant is
remanded to the custody of the Sheriff of Nueces 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: November 3, 2021
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