Jenkins, Nicholas Letroy ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,385-01
EX PARTE NICHOLAS LETROY JENKINS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. L-I3-0105-HC-1 IN THE 156TH DISTRICT COURT
FROM LIVE OAK COUNTY
Per curiam. YEARY , J., dissented.
OPINION
Applicant was convicted of murder and sentenced to sixty years’ imprisonment. The
Thirteenth Court of Appeals affirmed his conviction. Jenkins v. State, No. 13-15-0426-CR (Tex.
App.—Corpus Christi/Edinburg Sept. 28, 2017)(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 his plea was involuntary because counsel was ineffective. Based on
the record, the trial court has determined that Applicant’s plea was involuntary. We agree.
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in cause
number L-I3-0105-CR-B in the 156th District Court of Live Oak County is set aside, and Applicant
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is remanded to the custody of the Sheriff of Live Oak 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: June 7, 2023
Do not publish