Tran, Cuong ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,505-01
EX PARTE CUONG TRAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-15-900145-A FROM TRAVIS COUNTY
Per curiam. SLAUGHTER , J., would remand. YEARY , J., dissented.
OPINION
The State charged Applicant with third-degree felony assault. TEX . PENAL CODE §§ 22.01
(a)(1), (b)(2)(B). A jury convicted and assessed a six-year sentence. 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.
Before trial, the State offered Applicant a plea deal for misdemeanor assault with time served.
The habeas record shows that Applicant either was not informed of the plea offer, which he would
have accepted, or rejected the plea offer based on bad advice. See Lafler v. Cooper, 132 S.Ct. 1376(2012); Missouri v. Frye, 132 S.Ct. 1399 (2012). The trial court, with the State’s agreement,
recommends granting habeas relief.
2
The findings and recommendation are supported by the habeas record. Relief is granted. Id.;
Strickland v. Washington, 466 U.S. 668 (1984). The judgment in cause number D-1-DC-15-900145
from the County Court No. 4 of Travis County is set aside. Applicant is remanded to the custody of
the Sheriff of Travis County to answer the charges as set out in the indictment. 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: February 3, 2021
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