Full Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-96,666-01 EX PARTE DELFINO ALEJANDREZ, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 916298-A IN THE 339TH DISTRICT COURT HARRIS COUNTY Per curiam. YEARY, J. filed a dissenting opinion in which FINLEY and PARKER, JJ., joined. OPINION Applicant was convicted of Aggravated Robbery and sentenced to 16 years’ imprisonment. The First Court of Appeals affirmed his conviction. Alejandres v. State, No. 01-02-01029-CR (Tex. App.—Houston [1st Dist.] Jan. 8, 2004) (not designated for publication). 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. 2 Applicant contends that trial counsel was ineffective because counsel gave incorrect advice with respect to punishment election. Specifically, trial counsel advised Applicant that he could receive community supervision from the judge at punishment when, in fact, only the jury could award community supervision for the charged offense under the version of Article 42.12 § 3(g) of the Texas Code of Criminal Procedure in effect at the time. This advice caused Applicant to elect the judge for punishment, despite Applicant’s desire to obtain community supervision. Based on the record, the trial court has determined that counsel’s performance was deficient and that Applicant was prejudiced. Relief is granted. Strickland v. Washington, 466 U.S. 668 (1984). The sentence in cause number 916298 in the 339th District Court of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris County for a new punishment hearing. 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: September 3, 2026 Publish