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Ex Parte Kufreabasi Ita Enyong

April 24, 2013

EX PARTE KUFREABASI ITA ENYONG, APPELLANT


ON STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE FIRST COURT OF APPEALS HARRIS COUNTY

Per curiam.

OPINION

Pursuant to a plea agreement, the Appellant pled guilty in 2010 to assault and violation of a protective order. He subsequently filed an application for a writ of habeas corpus claiming that his counsel provided ineffective assistance by failing to advise him of the immigration consequences of his guilty pleas. The trial court denied relief and the Court of Appeals reversed. Enyong v. State, 369 S.W.3d 593 (Tex. App. - Houston [1st Dist.] 2012).*fn1 The State has filed a petition for discretionary review contending the Court of Appeals erred in holding that Padilla v. Kentucky, 559 U.S. 356(2010), applies retroactively to the collateral review of a state conviction that was final when the Padilla opinion was issued, and that the Appellant failed to establish he received ineffective assistance of counsel. The U.S. Supreme Court recently held that, under Teague v. Lane, 489 U.S. 288 (1989), Padilla does not have retroactive effect. Chaidez v. United States, 133 S.Ct. 1103 (2013). We adopted that Court's reasoning as a matter of state law in Ex parte De Los Reyes, No. PD-1457-11, __ S.W.3d __ (Tex. Crim. App. March 20, 2013).

The Court of Appeals in the instant case did not have the benefit of our opinion in Ex parte De Los Reyes. Therefore, we grant the State's petition for discretionary review, vacate the judgment of the Court of Appeals, and remand this case to the Court of Appeals in light of Ex parte De Los Reyes.

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