Ex Parte Ramirez Jr. - Illegal 46-Year Sentence Habeas Relief
Summary
The Texas Court of Criminal Appeals granted habeas corpus relief to Rogelio Ramirez Jr., finding his 46-year sentence for aggravated sexual assault of a child was illegal. The court determined Ramirez was improperly charged as a first-degree felony when the correct charge carried a second-degree felony sentencing range of 2 to 20 years under Texas Penal Code § 12.33. The judgment was reformed to reflect the correct offense, and the case was remanded for re-sentencing with a new punishment hearing ordered within ten days of the mandate.
What changed
The Court of Criminal Appeals granted habeas relief, finding that applicant Rogelio Ramirez Jr. received an illegal 46-year sentence because he was incorrectly charged and convicted as a first-degree felony when the offense should have been charged as a second-degree felony carrying a sentencing range of only 2 to 20 years under Texas Penal Code § 12.33. The court reformed the judgment to reflect sexual assault of a child as the proper offense of conviction and remanded for re-sentencing.
For affected parties, this decision establishes that convictions and sentences outside the statutory range for the charged offense constitute illegal sentences warranting habeas relief. Criminal defendants facing similar circumstances where sentencing exceeded the legally applicable range may have grounds to challenge their convictions. The trial court must conduct a new punishment hearing within ten days of the mandate and issue any necessary bench warrant for applicant's custody.
What to do next
- Trial court shall issue any necessary bench warrant within ten days from the date of the Court's mandate
- Case remanded to trial court for new punishment hearing as second-degree felony
Archived snapshot
Apr 19, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 16, 2026 Get Citation Alerts Download PDF Add Note
Ramirez, Rogelio Jr.
Court of Criminal Appeals of Texas
- Citations: None known
- Docket Number: WR-97,066-01
- Nature of Suit: 11.07 HC
Disposition: HC Relief granted
Disposition
HC Relief granted
Lead Opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,066-01
EX PARTE ROGELIO RAMIREZ, JR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 09-09-12758-A IN THE 79TH DISTRICT COURT
JIM WELLS COUNTY
Per curiam.
OPINION
Applicant was convicted of aggravated sexual assault of a child and
sentenced to 46 years’ imprisonment. Applicant filed this application for a writ of
habeas corpus in the county of conviction, and the district clerk forwarded it to this
Court. See TEX. CODE CRIM. PROC. art. 11.07.
The convicting court entered an Order Granting Writ of Habeas Corpus
Relief that includes findings of fact and conclusions of law. The court determined
that Applicant was actually charged with a second-degree felony and the correct
sentencing range was 2 to 20 years. TEX. PENAL CODE § 12.33. Therefore,
Applicant’s 46-year sentence constituted an illegal sentence. The convicting court
recommended granting relief. The record confirms that Applicant was improperly
convicted of a first-degree felony and his punishment exceeded the correct
sentencing range.
Relief is granted. The judgment in cause number 09-09-12758-CR in the 79th
Judicial District Court of Jim Wells County is reformed to reflect sexual assault of a
child as the offense of conviction. We remand this case to the trial court for
re-sentencing as a second-degree felony. Applicant is remanded to the custody of
the Sheriff of Jim Wells County for a new punishment hearing. The trial court shall
issue any necessary bench warrant within ten days from the date of this Court’s
mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal
Justice-Correctional Institutions Division and the Board of Pardons and Paroles.
Filed: April 16, 2026
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