Welch, Paul Anthony ( 2020 )


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  •             IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-91,432-01
    EX PARTE PAUL ANTHONY WELCH, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 21967-A IN THE 258TH DISTRICT COURT
    FROM POLK COUNTY
    Per curiam. KEEL, and WALKER , JJ. would grant an entire new trial. YEARY , J. filed a
    dissenting opinion joined by SLAUGHTER , J.
    OPINION
    Applicant was convicted of attempted capital murder and sentenced to fifty years’
    imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Welch v. State, No. 14-12-
    00430-CR (Tex. App.—Houston [14th ] April 25, 2013)(not designated for publication). Applicant
    filed this application for a writ of habeas corpus in the county of conviction, and the district clerk
    forwarded it to this Court. See TEX . CODE CRIM . PROC . art. 11.07.
    Applicant contends that trial counsel was ineffective because he failed to investigate and
    present mitigating evidence, specifically not calling favorable witnesses to testify during sentencing.
    Based on the record, the trial court has determined that trial counsel’s performance was deficient and
    2
    that Applicant was prejudiced.
    Relief is granted. Strickland v. Washington, 
    466 U.S. 668
    (1984). The sentence in cause
    number 21967 in the 258th District Court of Polk County is set aside, and Applicant is remanded to
    the custody of the Sheriff of Polk County for a new sentencing hearing. 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: December 9, 2020
    Do not publish
    

Document Info

Docket Number: WR-91,432-01

Filed Date: 12/9/2020

Precedential Status: Precedential

Modified Date: 12/14/2020