Jones, David Deron ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,465-02
EX PARTE DAVID DERON JONES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 139216301010 IN THE 351ST DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
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
controlled substance by fraud and sentenced to two years’ imprisonment. He did not appeal his
conviction.
Applicant contends that his trial counsel rendered ineffective assistance because she failed
to challenge the evidence and allowed him to plead guilty to an offense for which he was not
charged. See Avery v. State, 359 S.W.3d 230 (Tex. Crim. App. 2012).
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The trial court has determined that trial counsel's performance was deficient and that such
deficient performance prejudiced Applicant and the State agrees. This Court has recently decided
a case with similar facts and circumstances. Ex parte Lewis, WR-83,458-01 & WR-83,458-02, __
S.W.3d __ (Tex. Crim. App. Sep. 27, 2017). Relief is granted based on the analysis enumerated in
Lewis.
The judgment in Cause No. 321010351 in the 351st District Court of Harris County is set
aside, and Applicant is remanded to the custody of the Sheriff of Harris County to answer the charges
as set out in the indictment. 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: November 1, 2017
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