IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,551-01
EX PARTE CESAR IVAN CHAVEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W08-64527-R(A) IN THE 265 TH DISTRICT COURT
FROM DALLAS 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 writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder
and automatically sentenced to life imprisonment without the possibility of parole in January 2010.
The Fifth Court of Appeals affirmed the conviction. Chavez v. State, No. 05-10-00132-CR (Tex.
App.–Dallas May 31, 2011).
Applicant contends, among other things, that his sentence of automatic life without parole
violates the Eighth Amendment of the U.S. Constitution because he was a juvenile at the time of the
2
offense. Miller v. Alabama, 132 S.Ct. 2455 (2012). This Court has held that Miller applies
retroactively in Texas. Ex parte Maxwell, 424 S.W.3d 66 (Tex. Crim. App. 2014).
Applicant was seventeen years old at the time of the offense. After being found guilty by a
jury, he was automatically sentenced to life in prison without the possibility of parole under the law
at the time. Tex. Penal Code §12.31(a)(2007).
Both the State and the trial court recommend granting a new punishment hearing. That
recommendation is supported by the record. Applicant is entitled to relief on that issue.
Relief is granted. The sentence in Cause No. F-0864527-R in the 265th District Court of
Dallas County is set aside, and Applicant is remanded to the custody of the Sheriff of Dallas County
for a new punishment hearing at which the fact finder shall determine whether Applicant’s life
sentence shall be with or without the possibility of parole. The trial court shall issue any necessary
bench warrant within 10 days after the mandate of this Court issues. All of Applicant’s grounds
attacking the conviction are denied based on the findings of the trial court and this Court’s
independent review of the record.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: February 3, 2016
Do Not Publish