EX PARTE HOLMANS v. << (2026)

ORDER

Applicant pleaded guilty to Sexual Performance by a Child (-01) and Child Grooming (-02) and was sentenced to 10 years’ imprisonment on each conviction. Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See Tex. Code Crim. Proc. art. 11.07.

In both applications, Applicant contends that there was no evidence to support his convictions and that his plea was involuntary because trial counsel failed to challenge the validity of the indictment.

With regard to Applicant's claim that there was no evidence to support his convictions, Applicant entered pleas of guilty and signed stipulations of evidence agreeing to the facts alleged in the indictment. His judicial confession and stipulation of evidence constituted evidence of guilt. Dinnery v. State, 592 S.W.2d 343, 353 (Tex. Crim. App. 1979); Ferguson v. State, 571 S.W.2d 908 (Tex. Crim. App. 1978); Potts v. State, 571 S.W.2d 180 (Tex. Crim. App. 1978).

With regard to Applicant's claim that his plea was involuntary due to the ineffective assistance of counsel, the trial court has determined that trial counsel's performance was not deficient. Ex parte Niswanger, 335 S.W.3d 611, 618–19 (Tex. Crim. App. 2011). Further, Applicant did not show that he would have insisted on a trial but for counsel's deficient performance.

Relief is denied. Ex parte Moody, 991 S.W.2d 856, 857-58 (Tex. Crim. App. 1999).

Per curiam.