Opinion
NO. 14-12-00564-CRNO. 14-12-00565-CRNO. 14-12-00566-CR
04-02-2013
EX PARTE FELIPE JESUS JUAREZ
Affirmed and Memorandum Opinion filed April 2, 2013.
On Appeal from the County Criminal Court at Law No. 9
Harris County, Texas
Trial Court Cause Nos. 1806170, 1806171, and 1806172
MEMORANDUM OPINION
Appellant Felipe Jesus Juarez appeals from the habeas court's order denying his application for a writ of habeas corpus premised on Padilla v. Kentucky, 130 S. Ct. 1473 (2010). In a single issue on appeal, appellant contends the habeas court erred by denying relief required by Padilla. We affirm.
After the trial court denied his motion to suppress, appellant pleaded guilty to two Class A misdemeanors and one Class B misdemeanor, respectively (1) unlawfully carrying a weapon; (2) possession of a controlled substance; and (3) possession of marijuana. This court affirmed his conviction on direct appeal. SeeJuarez v. State, Nos. 14-05-00196-CR, 14-05-00197-CR, 14-05-00198-CR, 2006 WL 300409 (Tex. App.—Houston [14th Dist.] Feb. 9, 2006, no pet.) (not designated for publication). This court's mandate issued on April 10, 2006.
After the United States Supreme Court rendered its decision in Padilla, appellant filed an application for a writ of habeas corpus. The habeas court held an evidentiary hearing, denied the writ, and issued findings of fact and conclusions of law. While this appeal was pending, the United States Supreme Court held in Chaidez v. United States, 133 S. Ct. 1103 (2013), that Padilla announced a "new rule" of criminal procedure so that "a person whose conviction is already final may not benefit from the decision in a habeas or similar proceeding." Id. at 1107 (citing Teague v. Lane, 489 U.S. 288, 301 (1988)); see also Ex parte De Los Reyes, No. PD-1457-11, — S.W.3d —, 2013 WL 1136517, at *4 (Tex. Crim. App. Mar. 20, 2013) (declining to "accord retroactive effect to Padilla as a matter of state habeas law"). Appellant concedes in his brief that his conviction "became final before Padilla was decided." Accordingly, appellant cannot rely on Padilla to challenge his conviction in this collateral proceeding. See Ex parte De Los Reyes, 2013 WL 1136517, at *4; Ex parte Luna, No. 14-11-01063-CR, — S.W.3d —, 2013 WL 1197777, at *1 (Tex. App.—Houston [14th Dist.] Mar. 26, 2013, no pet. h.).
Appellant does not argue that counsel's performance was deficient under pre-Padilla law. See Ex parte Luna, 2130 WL 1197777, at *5. Thus, we overrule appellant's sole issue on appeal, and we affirm the habeas court's order denying the writ.
Sharon McCally
Justice
Panel consists of Justices Christopher, Jamison, and McCally. Do Not Publish — TEX. R. APP. P. 47.2(b).