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Ex Parte Arjona

The applicant in this habeas matter alleges he is entitled to relief based on the immigration consequences of his guilty plea. Considering the circumstances presented at the plea hearing -- involving a discussion regarding applicant's efforts to obtain a green card -- the possibility of an assumed duty by counsel, and the allegation of ineffectiveness and affirmative misadvice of counsel, the applicant should be provided an opportunity to develop and present evidence at the hearing. The trial court's denial is vacated and remanded. Beaumont Court of Appeals, No. 09-12-00554-CR, 05-15-2013.

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OPINION

Luciano Resendez Arjona was arrested in 1995, and pleaded guilty in 2008 to felony possession of marijuana. He was sentenced to five years in prison. The trial court suspended the imposition of the sentence and placed Arjona on community supervision for five years. Arjona subsequently filed an application for writ of habeas corpus. He claimed he did not know that his guilty plea would automatically result in deportation. The trial court denied Arjona’s application. Arjona contends that he is entitled to habeas relief because his trial counsel misadvised him, and because the trial court’s admonishments were insufficient to inform him of the immigration consequences. See Tex. Code Crim. Proc. Ann. art 11.072 (West 2005). Arjona contends his guilty plea was unknowing and involuntary. See Ex parte Hernandez, No. 09-12-00366-CR, __ S.W.3d __, 2013 Tex. App. LEXIS 4032, at **2, 12-13 (Tex. App.–Beaumont Mar. 27, 2013, no pet. h.) (not yet released for publication).

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