IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,579-01
EX PARTE PABLO LOPEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1115181-A IN THE 177TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual
assault of a child and sentenced to fifty years’ imprisonment. The First Court of Appeals affirmed
his conviction. Lopez v. State, No. 01-08-00302-CR (Tex. App.—Houston [1st Dist.] Oct. 20, 2011)
(not designated for publication).
Applicant contends that his trial counsel rendered ineffective assistance during both phases
of trial.
2
After holding a live hearing, the trial court recommended denying relief on Applicant’s
claims relating to the guilt phase of the trial. The trial court also determined that trial counsel's
performance during the punishment phase was deficient because counsel did not object to evidence
of an extraneous offense, and that such deficient performance prejudiced Applicant. We agree with
the trial court’s findings, apart from findings 33, 38, and 44, which we decline to adopt. Relief is
granted as to punishment and denied as to the remaining claims of ineffective assistance at the guilt
phase. The sentence in Cause No. 1115181 in the 177th District Court of Harris County is set aside,
and Applicant is remanded to the custody of the Sheriff of Harris County so that a new punishment
hearing may be conducted. The trial court shall issue any necessary bench warrant within 10 days
after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: June 24, 2015
Do not publish