No. 25-6396

Javier Rivera Franco v. Texas

Lower Court: Texas
Docketed: 2025-12-17
Status: Pending
Type: IFP
IFP
Tags: conviction-validity criminal-procedure due-process habeas-corpus judicial-procedure sentencing-error
Key Terms:
DueProcess HabeasCorpus Punishment Securities
Latest Conference: 2026-02-20
Question Presented (from Petition)

1. Is Petitioner Franco illegally imprisoned under a invalid
75 year sentence in Indictment / Cause No. F05-45713-T and
under a invalid conviction ?

2. Is Petitioner Franco Innocent of the Charge of Attempted
Capital Murder of a Police Officer ?

3. Is it a violation of cruel and unusual punishment to
imprison Petitioner Franco with a invalid 75 year sentence in
Indictment / Cause No. F05-45713-T that the jury did not orally
render and trial court judge did not orally pronounce at all in
the record and to imprison Petitioner Franco with a invalid
conviction ?

4. Does it violate a defendant 's due process rights for a
trial court judge to enter or sign a more sever sentence for a
Indictment / Cause Number in the written judgment of conviction
by jury that was not orally rendered by the jury and was not
orally pronounced by the trial court judge in the defendant,
his attorney, and counsel for the state presence in open court?

5. Does it violate a defendant 's due process rights and
equal protection of the law and due course of law when a Court
of Appeals fails to dismiss the direct appeal for lack of
jurisdiction due to the trial court's failure to orally pronou
nce a sentence and a Indictment / Cause Number on the record in
the defendant 's presence in open court, and there was no valid
conviction for a defendant to even appeal ?

6. Was Petitioner Franco denied effective assistance of
appellant counsel for failure to raise a no sentence and under
no valid conviction claim on direct appeal ?

7. How can the Court of Criminal Appeals of Texas have
authority to deny and dismiss Petitioner Franco's prematurely
filed 11.07 application's under the provision of Article 11.07
Section 4 of,the Texas Code of Criminal Procedure when Petition
ner Franco's case in Indictment / Cause No. F05-45713-T has no
valid sentence on the record, there is no valid conviction,
the judgment of conviction is not actually final and the Court
of Criminal Appeals of Texas never had jurisdiction over the
case at all ?

8. Does the Ends Of Justice demands this Court to reverse
and vacate all the lower courts invalid judgment's and to
discharge Petitioner Franco from prison, or reverse and remand
the case back to the trial court for a entire new trial, or
other proper proceedings ?

9. Whether a trial court judge may, by means of a docket
entry, reform or modify a discharged jury's sentence verdict
after the original no sentence was orally rendered by the jury
and after the original no sentence had been orally pronounced
by the trial court judge in open court; and whether it may do
so without any record request by the parties, without any
record request by the jury, without any record indication that
the defendant, his attorney, and the counsel for the state was
present and given the opportunity to object in open court and
without authorization ?

Question Presented (AI Summary)

Whether the trial court's failure to orally render and pronounce a sentence violates a defendant's due process rights and renders a 75-year conviction invalid

Docket Entries

2026-01-29
DISTRIBUTED for Conference of 2/20/2026.
2025-12-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2026)

Attorneys

Javier Rivera Franco
Javier Rivera Franco — Petitioner