Ex Parte Cristela GARCIA, Appellee
2011 Tex. Crim. App. LEXIS 1161
| Tex. Crim. App. | 2011Background
- In 1986, Garcia pled guilty to theft of property between $750 and $20,000, a third-degree felony, with five years' imprisonment suspended and probation.
- She was released from probation in 1990.
- In 2009 Garcia filed a 11.072 habeas corpus application alleging involuntariness of the plea due to mistaken understanding of being prosecuted as an adult and unclear admonitions.
- At a live evidentiary hearing Garcia testified that she believed she was a juvenile, did not understand consequences, and was told to sign by counsel with probation expected; she learned she was a felon only when denied handgun carry.
- The trial court granted relief; the court of appeals reversed, relying on Evans and Empey to hold that sworn pleadings alone were insufficient as a basis for relief.
- The Texas Court of Criminal Appeals holds that Garcia’s live, sworn testimony can be a basis for granting relief in an article 11.072 habeas proceeding and remands for further proceedings consistent with this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether live sworn testimony can support relief | Garcia asserts her live testimony alone supports relief. | State contends sworn pleadings (and record) must substantiate relief beyond pleadings. | Yes; live sworn testimony can support relief in 11.072 proceedings. |
| Role of 11.072 versus 11.07/posture of record | Garcia emphasizes deference to trial-court findings under 11.072, with the trial judge as sole finder of fact. | State relies on distinctions from 11.07 cases and the prior holdings limiting relief based on pleadings. | In 11.072, live testimony may sustain relief; direct applicability of 11.07 distinctions is limited. |
| Impact of Evans/Empey on this case | Garcia argues those cases are not controlling in this context. | State relies on Evans/Empey to constrain relief to record-supported findings. | Evans/Empey are distinguishable; not controlling on live testimony basis for 11.072 relief; remand for further consideration. |
Key Cases Cited
- Ex parte Evans, 964 S.W.2d 643 (Tex. Crim. App. 1998) (record must substantiate pleadings for relief)
- Ex parte Empey, 757 S.W.2d 771 (Tex. Crim. App. 1988) (distinguishing cases not on point when relief opposed)
- Ex parte Reed, 271 S.W.3d 698 (Tex. Crim. App. 2008) (record-supported findings; not pro forma counsel claim)
- Maddox v. State, 591 S.W.2d 898 (Tex. Crim. App. 1979) (trial court not obliged to accept applicant's testimony)
- Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) (deference to trial-finder in factual determinations)