Opinion
WR-92 754-01 WR-92 754-02
01-26-2022
EX PARTE JUSTIN SHAWN BULL, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. W-27548-C-1 & W-25670-C-1 IN THE 251ST DISTRICT COURT FROM RANDALL COUNTY
OPINION
PER CURIAM.
In March 2015, Applicant pleaded guilty to assault on a family member and was placed on deferred adjudication in cause number 25, 670C. In July 2017, Applicant pleaded true to the State's motion to revoke his deferred adjudication, and he was sentenced to five years' imprisonment. On the same day, Applicant pleaded guilty to aggravated assault with a deadly weapon (count I) and assault on a family member with a previous conviction (count II) in cause number 27, 548C. He was sentenced to five years' imprisonment on each of those counts, to run concurrently. Applicant did not appeal his convictions. Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends, among other things, that his pleas of guilty and true were involuntary because he was incompetent at the time he entered them. Based on the record, the trial court has determined that Applicant's guilty pleas in cause no. 27, 548C were involuntary because he was incompetent at the time of his pleas. We agree. And after our own independent review of the record, we also conclude that Applicant's pleas of guilty and true in cause no. 25, 670C were involuntary because Applicant was incompetent at the time he made those pleas.
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgments in cause numbers 27, 548C and 25, 670C in the 251st District Court of Randall County are set aside, and Applicant is remanded to the custody of the Sheriff of Randall County to answer the charges as set out in the indictments. 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.