TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-19-00058-CR Ex parte Gaspar Benavides Govea FROM THE COUNTY COURT OF LLANO COUNTY NO. WH-025/15478, HONORABLE MARY S. CUNNINGHAM, JUDGE PRESIDING MEMORANDUM OPINION Gaspar Benavides Govea was charged with unlawful possession of less than two ounces of marijuana. See Tex. Health & Safety Code § 481.121(a), (b)(1). After he was charged, Govea entered a plea of nolo contendere per the terms of a plea-bargain agreement, and the trial court deferred his adjudication of guilt and placed him on community supervision for four months. Many years later, Govea filed an application for writ of habeas corpus challenging the propriety of the judgment deferring his adjudication of guilt, his plea, and his waiver of his right to an attorney. See Tex. Code Crim. Proc. art. 11.072. After convening a hearing on the writ application, the trial court denied the application. In four issues on appeal, Govea challenges the trial court’s ruling. We will affirm the order by the trial court denying Govea’s application for writ of habeas corpus. BACKGROUND As set out above, Govea was charged with possession of a controlled substance, and in 2013 he entered a plea of nolo contendere per the terms of a plea agreement with the State. Under the agreement, Govea agreed to waive, among other things, his rights to an attorney at trial, to a trial by jury, and to an appeal. The signed waiver also specified that Govea fully understood “the consequences of [his] action.” In accordance with the plea agreement, the trial court deferred Govea’s adjudication of guilt and placed him on community supervision for four months. Govea successfully completed his community supervision, and the trial court issued an order discharging him from community supervision. See Tex. Code Crim. Proc. art. 42A.111(a), § 5(c) (explaining that “the judge shall dismiss the proceedings against the defendant and discharge the defendant” “if the judge has not proceeded to adjudication of guilt” following “expiration of a period of deferred adjudication community supervision”). Several years later, Immigration and Customs Enforcement officers took Govea into custody. While in custody, Govea filed an application for writ of habeas corpus related to the 2013 case. See id. art. 11.072. In his writ application, Govea argued that the 2013 judgment should be vacated and also requested that the trial court “set aside” the waivers that he signed as part of the plea agreement because he did not knowingly, intelligently, and voluntarily enter his plea or agree to waive his rights. When seeking habeas relief, Govea stated that the trial court did not inform him during the 2013 proceeding that entering a plea of nolo contendere to the possession charge might result in his deportation or other immigration consequences. Relatedly, Govea urged that before entering his plea, the State encouraged him to plead nolo contendere and to waive his right to an attorney but failed to disclose to him that there were potential deportation consequences. As support for his arguments, Govea attached to his ...
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