No. 22-6789

Juan Francisco Turcios v. Texas

Lower Court: Texas
Docketed: 2023-02-15
Status: Denied
Type: IFP
IFP
Tags: compensation criminal-procedure due-process illegal-confinement judicial-discretion judicial-misconduct plea-agreement plea-bargain sentencing sentencing-error
Key Terms:
HabeasCorpus
Latest Conference: 2023-04-14
Question Presented (from Petition)

(1) On A April 9,2012 after all parties approved and signed
the plea bargain agreement documents ,and Hon.Judge Teresa
Hawthorne approved and. accepted the recommendation for no
more than ten years,was the 20 years sentence legal?.

(2)Newly Graduated Appellate Attorney,Hon.Matthew J. Kita,alth
ough noble intent ions,did not raise the issue , because
criminal law was not his forte,or because he was bullied?very

(3) The Texas Code Criminal Procedure , article 26..13(a)(2) is
very specific ,[if] the plea bargain agreement is accepted,and
approved by the trial judge all parties are bound by it,inc
luding judge,and it can be attack at any time by the
party,to enforced his or her part of the agreement
at any time,including by Motion of Nunc Pro Tunc,why then
the Trial Court , Appel late Court and Court of Criminal Appealsthe
breached
are refusing to honor petitioners pleas ?.

(4) Once the plea bargain document is executed no changes
made,unless on appeal,Why the courts accepted trial
counsel's untruthful affidavits that petitioner change his
mind after April 9,2012 ?.can be

(5) There is no indicia that any other plea bargain took
place but the one on April 9,2012 back by the R/R page 16 and
the plea bargain documents showing the illegal crossed-out or
"X" for the ten years ,concluding that there was no other,but
te$ years recommendation that petitioner agreed why?. the

(6) Petitioner is entitled to his part of the bargain for
10 years and compensation for the two years illegal incarce
ration is it ? .

(7) Would this
injustices keep going? .the highest court in this country let this

Question Presented (AI Summary)

Whether the 20-year sentence imposed was legal after the plea bargain agreement for no more than 10 years was approved

Docket Entries

2023-07-24
Rehearing DENIED.
2023-06-29
DISTRIBUTED.
2023-04-25
Petition for Rehearing filed.
2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2022-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 17, 2023)

Attorneys

Juan Francisco Turcios
Juan Francisco Turcios — Petitioner