Opinion issued April 2, 2020 In The Court of Appeals For The First District of Texas ———————————— NO. 01-18-00882-CR ——————————— EDGAR MUNOZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 176th District Court Harris County, Texas Trial Court Case No. 1556775 MEMORANDUM OPINION Appellant, Edgar Munoz, pleaded guilty, without an agreed punishment recommendation from the State, to the offense of possession of a controlled substance, namely, marihuana, in an amount in excess of 2000 pounds.1 After a pre-sentence investigation (“PSI”) and hearing, the trial court assessed appellant’s punishment at confinement for 25 years and a fine of $5,000. On appeal, appellant presents four issues. In his first issue, appellant contends that his trial counsel’s failure to provide accurate immigration advice, required under Padilla v. Kentucky, 559 U.S. 356 (2010), constituted ineffective assistance of counsel and rendered his guilty plea involuntary. In his second, third, and fourth issues, appellant contends that the trial court abused its discretion in denying his motion to withdraw his plea and in denying his motions for new trial. We reverse and remand. Background In 2017, agents of the United States Customs and Border Patrol, Laredo Field Office, operating at the Columbia Bridge Port of Entry, discovered a Freightliner tractor-trailer (“truck”) transporting a large amount of marihuana hidden inside five- gallon pails marked as glazier’s putty. After the discovery, agents of the United States Immigration and Customs Enforcement, Homeland Security Investigations Division (“HSI”), notified the Houston Police Department (“HPD”) that the truck was bound for Houston. HSI special agents concealed themselves inside the cab of the truck. Other HSI agents then conducted rolling surveillance of the truck as it 1 See TEX. HEALTH & SAFETY CODE. §§ 481.002(5), 481.121. 2 traveled from the border to its destination at 1901 South Houston Road, in Pasadena, Texas. When the truck entered Harris County, HPD officers joined in the surveillance. Utilizing air support, agents and officers watched as the truck arrived at its destination and individuals began unloading the pails into a commercial building. HPD officers then went into the building, where they detained appellant. Appellant claimed to be the owner of the business, and he executed a written consent to search the premises. Appellant admitted knowing that the truck was delivering marihuana. He later claimed that a person named “Ruben” actually owned the business and paid him $1,400 per month to pose as the owner. Officers seized the marihuana and submitted it to the Houston Forensic Science Center, where analysts confirmed that the pails contained 5,349.34 pounds of marihuana. Appellant was charged with the first-degree-felony offense of possession of marihuana in an amount in excess of 2000 pounds. On July 11, 2018, he pleaded guilty without an agreed punishment recommendation from the State. The record reflects that appellant waived his right to have a court reporter transcribe the plea hearing. The record contains plea papers, which are signed by appellant, his trial counsel, and the trial court. The plea papers include an admonishment stating that, “[i]f ...
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