IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,030-01
EX PARTE JOSE LUIS BAUTISTA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1341277-A IN THE 180TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
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 the offense of
attempted tampering with governmental record and sentenced to imprisonment for 90 days in county
jail.
Applicant contends that his guilty plea was involuntary based on ineffective assistance of
counsel for failing to advise Applicant as to the immigration consequences of his guilty plea. Based
on the record, the trial court has determined that Applicant’s plea was involuntary because trial
counsel’s affidavit, when read in conjunction with the Immigration Admonishments, does not give
the effect of a clear and intelligible explanation of the immigration consequences.
This Court has made an independent review of the record, and this Court disagrees with the
trial court that the record shows trial counsel failed to properly advise Applicant of the immigration
consequences of his plea. Padilla v. Kentucky, 130 S.Ct. 1473 (2010); Strickland v. Washington, 466
U.S. 668, 687 (1984); Ex parte Reed, 271 S.W.3d 698, 733 (Tex. Crim. App. 2008). Therefore, we
deny relief.
Filed: June 30, 2021
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