Thomas, Dayveon Lashawn ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-92,944-01 & WR-92,944-02
EX PARTE DAYVEON THOMAS, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. W219-81120-2020-HC & W219-81121-2020-HC
IN THE 219TH DISTRICT COURT FROM COLLIN COUNTY
Per curiam. YEARY , J. filed a dissenting opinion. KELLER, P.J. dissented.
OPINION
Applicant pleaded guilty and was convicted of aggravated robbery and sentenced to fifteen
years’ imprisonment in both of these cause numbers. 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 that plea was involuntary because he was not aware that the weapon used
in these offenses was not a firearm as alleged in the indictment. The State agrees. Based on the
record, the trial court has determined that Applicant’s plea was involuntary.
Relief is granted. Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App. 2014), Brady v. United
States, 397 U.S. 742 (1970). The judgments in cause numbers 219-81120-2020 and 219-81121-
2
2020 in the 219th District Court of Collin County are set aside, and Applicant is remanded to the
custody of the Sheriff of Collin 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.
Delivered: October 20, 2021
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