An Alamo man convicted of murder in Hidalgo County is getting a new trial after a judge ruled his lawyer misled him about his sentence, court records show.

Eric Gonzalo Hernandez was sentenced to 40 years in prison in January 2026 after confessing to killing 25-year-old Javier Cruz in a March 3, 2022, shooting near Alamo.

According to previous reports, witnesses at the scene identified Hernandez as the man who shot Cruz during an argument and fled the scene.

An order signed on Friday to order the new trial said Hernandez’s attorney told him the judge would sentence him to 15 years in prison.

But there was no plea deal with prosecutors, and Hernandez was facing the full punishment range for a first-degree felony, according to court documents.

The document shows that state District Judge Luis M. Singleterry ruled that the lawyer’s advice was misleading and that Hernandez relied on it when he gave up his right to a trial.

"Trial counsel did not properly advise Hernandez that he was exposed to the entire range of punishment consistent with an open plea to a first-degree felony," the order states.

The order referred to the attorney’s performance as “deficient” and “ineffective.”

Singleterry also vacated the previous sentence and restored the case to pretrial status.

A hearing on the new trial is set for April 22, 2026.