Dyson, James Aaron ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-51,197-03
EX PARTE JAMES AARON DYSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. C-4-W011479-0657742-C
IN CRIMINAL DISTRICT COURT NO. 4 FROM TARRANT COUNTY
Per curiam. RICHARDSON , J., filed a concurring opinion in which HERVEY and
NEWELL , JJ., joined. YEARY , J., filed a dissenting opinion in which KELLER , P.J. and
SLAUGHTER , 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 engaging in
organized criminal activity with a firearm and sentenced to fifty years’ imprisonment. Applicant’s
conviction was affirmed on appeal. Dyson v. State, No. 02-98-0096-CR (Tex. App.–Fort Worth,
Sept. 16, 1999) (not designated for publication). Applicant filed this application for writ of
habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX .
2
CODE CRIM . PROC . art. 11.07.
Applicant alleges, among other things, that, but for a witness’s misleading trial testimony,
Applicant would not have been convicted of engaging in organized crime. He concedes that he is
guilty of the lesser-included offense of aggravated assault with a deadly weapon. TEX PENAL CODE
§ 71.02(a); Walker v. State, 594 S.W.3d 330, 338 (Tex. Crim. App. 2020).
The trial court, after holding a live evidentiary hearing, recommends relief be granted. We
agree. Applicant is entitled to relief. Ex parte Chaney, 563 S.W.3d 239, 263-64 (Tex. Crim. App.
2018); Ex parte Chabot, 300 S.W.3d 768, 771-72) (Tex. Crim. App. 2009).
Relief is granted. The judgment in cause number 0657742D in the Criminal District Court
Four of Tarrant County is set aside, and Applicant is remanded to the custody of the Sheriff of
Tarrant 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: September 29, 2021
Do not publish