Opinion
No. PD–1111–12.
2013-03-20
Leonardo AGUILAR, Appellant v. The STATE of Texas, Appellee.
On State's Petition for Discretionary Review from the Fourteenth Court of Appeals Harris County; Joan Campbell, Judge. Mark Bennett, Bennett & Bennett, Houston, TX, for Appellant. Mandy Miller, Assistant District Attorney, Houston, Lisa C. McMinn, State's Attorney, Austin, TX, for State:
On State's Petition for Discretionary Review from the Fourteenth Court of Appeals Harris County; Joan Campbell, Judge.
Mark Bennett, Bennett & Bennett, Houston, TX, for Appellant.Mandy Miller, Assistant District Attorney, Houston, Lisa C. McMinn, State's Attorney, Austin, TX, for State:
OPINION
Appellant was charged with felony possession of a controlled substance. The charge was reduced to a Class A misdemeanor. He pleaded guilty and was sentenced to ten days in jail.
Appellant filed a writ application pursuant to Art. 11.072 alleging that he received ineffective assistance of counsel under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010). The trial court denied relief. On appeal, the Court of Appeals reversed, holding that counsel's performance was deficient under Padilla. Aguilar v. State, 375 S.W.3d 518 (Tex.App.–Houston [14th Dist.] 2012).
The State has filed a petition for discretionary review of this decision. The U.S. Supreme Court recently held that, under Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), Padilla does not have retroactive effect. Chaidez v. United States, ––– U.S. ––––, 133 S.Ct. 1103, 185 L.Ed.2d 149 (2013). Today, we adopted that Court's reasoning as a matter of state law in Ex parte De Los Reyes, 392 S.W.3d 675 (Tex.Crim.App.2013).
The Court of Appeals in the instant case did not have the benefit of our opinion in De Los Reyes. Accordingly, we grant the State's petition for discretionary review, vacate the judgment of the Court of Appeals, and remand this case to the Court of Appeals in light of De Los Reyes.