Alejandrez, Delfino
CourtCourt of Criminal Appeals of Texas
Date FiledSeptember 3, 2026
DocketWR-96,666-01
StatusPublished
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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
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