Opinion
NO. WR-WR-87,763-01
01-31-2018
EX PARTE JOHN CLAY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B-04-2050-0-CR-B-1 IN THE 156 DISTRICT COURT FROM BEE COUNTY Per curiam. YEARY, J., filed a dissenting opinion in which KELLER, P.J., joined. OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of a firearm by a felon and sentenced to forty years' imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Clay v. State, No. 13-04-583-CR (Tex. App.—Corpus Christi Aug. 24, 2006) (not designated for publication).
Applicant contends that his sentence is illegal and that his trial counsel rendered ineffective assistance because counsel did not object to the illegal sentence.
The trial court has determined, among other things, that Applicant is serving an illegal sentence. The trial court's findings relevant to the illegal sentence claim are supported by the record. Relief is granted. The sentence in Cause No. B-04-2050-0-CR-B in the 156 District Court of Bee County is set aside, and Applicant is remanded to the custody of the Sheriff of Bee County for a new punishment hearing and assessment of punishment. The trial court shall issue any necessary bench warrant within 10 days after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: January 31, 2018
Do not publish