Opinion
NO. WR-88,341-01
12-12-2018
EX PARTE CHRISTOPHER ADAM COKER, APPLICANT
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR30797-A IN THE 75 DISTRICT COURT FROM LIBERTY COUNTY Per curiam. Keller, P.J. and Hervey, J. dissent. Yeary, J. concurs. 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 methamphetamine in an amount of four grams or more but less than 200 grams and sentenced to thirty years' imprisonment. The Ninth Court of Appeals affirmed his conviction. Coker v. State, No. 09-15-00189-CR (Tex. App.—Beaumont March 29, 2017)(not designated for publication).
Applicant alleges that his thirty year sentence was unauthorized because the two prior offenses used to enhance his sentence to habitual felony punishment range in this case were state jail felonies. We remanded this application to the trial court for findings of fact and conclusions of law.
The trial court has found that two state jail felonies were used as enhancements and the jury improperly considered the habitual range of punishment when Applicant should have faced a range of punishment for a first degree felony. The trial court also found that Applicant had no other prior felony convictions which could have been used to enhance his punishment range to that of a habitual felon. Applicant is entitled to relief. Ex parte Rich, 194 S.W.3d 508 (Tex. Crim. App. 2006); Ex parte Parrot, 396 S.W.3d 531 (Tex. Crim. App. 2013).
Relief is granted. The sentence in Cause No. CR30797 in the 75 District Court of Liberty County is set aside, and Applicant is remanded to the custody of the Sheriff of Liberty County for a new punishment hearing. 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: December 12, 2018
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