CourtListener 10623470•Mosquera, Airton
Gesamter Gesetzestext
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,247-01
EX PARTE AIRTON MOSQUERA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR-20-2433-E-WHC1 IN THE 453RD DISTRICT COURT
FROM HAYS COUNTY
Per curiam. Yeary, J., filed a dissenting opinion joined by Schenck, P.J., Finley and
Parker, JJ.
OPINION
Applicant’s motion for rehearing after this Court issued an opinion in this cause is granted.
This Court’s prior opinion is withdrawn.
Applicant was convicted of robbery and sentenced to ten years’ imprisonment. 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. In his application, Applicant
complains that his defense counsel failed to timely file a motion for shock probation as he had
promised to do. The trial court recommends granting habeas relief, and this Court agrees.
2
The judgment in cause number CR-20-2433-E in the 453rd District Court of Hays County
is set aside, and Applicant is remanded to the custody of the Sheriff of Hays 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: July 2, 2025
Published
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