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Ex Parte Cristela Garcia

Appellee filed an application for writ of habeas corpus, alleging that her guilty plea to felony theft 23 years ago was involuntary. After a hearing at which appellee testified, the trial court granted relief. The court of appeals reversed, saying, "[T]he only 'evidence' in the record regarding appellee's claim is her own sworn testimony, which is insufficient by itself." An applicant's live, sworn testimony can be a basis for upholding a trial court's decision to grant relief in a Texas Code of Criminal Procedure article 11.072 habeas proceeding. The court of appeals' judgment is reversed and remanded. Court of Criminal Appeals, No. PD-1658-10, 09-14-2011.

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Keller, P.J., delivered the opinion of the Court in which Meyers, Price, Womack, Keasler, Hervey, Cochran and Alcala, joined. Johnson, J., concurred.

Appellee filed an application for writ of habeas corpus, alleging that her guilty plea to felony theft twenty-three years ago was involuntary. After a hearing at which appellee testified, the trial court granted relief. The court of appeals reversed, saying, “[T]he only ‘evidence’ in the record regarding appellee’s claim is her own sworn testimony, which is insufficient by itself.”*fn1 Appellee now contends that the cases upon which the court of appeals relied are not on point and that her testimony at a live hearing was a sufficient basis for granting relief. We agree.

I. BACKGROUND

 
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