Rubio, Francisco

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,372-01

EX PARTE FRANCISCO RUBIO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1385249-A IN THE 209TH DISTRICT COURT
FROM HARRIS COUNTY

Per curiam.

ORDER

Applicant was convicted of theft of a firearm and sentenced to seven months’ imprisonment.

Applicant, through habeas counsel, 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 alleges that he is actually innocent and that his decision to plead guilty was

involuntary due to trial counsel’s ineffective assistance. The trial court entered findings and

recommends that this Court grant habeas relief. The State disagrees.

This Court has made an independent review of the record. It does not support the trial court’s

findings and recommendation. Applicant fails to show actual innocence with any newly available
evidence or an involuntary guilty plea resulting from a deficient investigation or misadvise from trial

counsel. See Strickland v. Washington, 466 U.S. 668 (1984); Hill v. Lockhart, 474 U.S. 52 (1985);

Ex parte Maldonado, 688 S.W.2d 114 (Tex. Crim. App. 1985); Ex parte Empey, 757 S.W.2d 771

(Tex. Crim. App. 1988); Ex parte Tuley, 109 S.W.3d 388 (Tex. Crim. App. 2002); Ex parte Brown,

205 S.W.3d 538 (Tex. Crim. App. 2006); Mooney v. State, 817 S.W. 693 (Tex. Crim. App. 1991).

Habeas corpus relief is denied.

Filed: January 11, 2023
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