State v. Vasquez

OPINION

LEE, Justice.

Appellee, Jose T. Vasquez (Vasquez), applied for a writ of habeas corpus and writ of audita querela. After a hearing, the trial court granted both writs. The State brings this appeal which presents two questions: 1) whether a guilty plea entered in 1981 was voluntary where the defendant was not admonished as to the deportation and naturalization consequences of his plea when such admonishment was not required by Tex.Code Crim.Proc.Ann. art. 26.13(a)(4) until 1985; and 2) whether the common law writ of audi-ta querela is available in this Texas criminal case. We reverse.

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