Nixon, Cleveland Dinell

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,012-01
EX PARTE CLEVELAND DINELL NIXON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W11-21243-A IN THE CRIMINAL DISTRICT COURT NUMBER SIX
FROM DALLAS COUNTY
Per curiam.
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 injury to a child
and sentenced to five years’ imprisonment.
Applicant contends, among other things, that his trial counsel rendered ineffective assistance
because he failed to argue, at the hearing on the motion to adjudicate guilt, that Applicant’s extensive
history of mental health issues should be taken into consideration before the trial court’s assessed
punishment in this case.
2
After holding a live evidentiary hearing, and based upon the record, the trial court has
determined that trial counsel's performance was deficient at the hearing on the motion to adjudicate
guilt in this case in that counsel failed to argue that Applicant’s extensive history of mental health
issues should be taken into consideration before the trial court assessed punishment, and that such
deficient performance prejudiced Applicant.
Relief is granted in part. The sentence in Cause No. W11-21243-A in the Criminal District
Court Number Six District Court of Dallas County is set aside, and Applicant is remanded to the
custody of the Sheriff of Dallas County so that the trial court may conduct a new sentencing hearing
in this cause. The trial court shall issue any necessary bench warrant within 10 days after the
mandate of this Court issues.
All other relief requested is denied.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: September 12, 2018
Do not publish