Duke, Timmy Lynn

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-23,129-04 & WR-23,129-10
EX PARTE TIMMY LYNN DUKE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W91-31292-L(E) IN CRIMINAL DISTRICT COURT NO. 5
FROM DALLAS COUNTY
Per curiam.
OPINION
Applicant seeks post-conviction habeas relief from his conviction for burglary of a
habitation. T EX. P ENAL C ODE § 30.02(a). The State agrees that relief should be granted. This
Court denied relief in Applicant’s initial writ application. Ex parte Duke, No. WR-23,129-04
(unpublished order, Apr. 13, 2011). After careful consideration, we reopen Applicant’s initial
writ application and withdraw our previous order denying relief.
Relief is granted. The judgment in Cause No. F91-31292-L in the Criminal District
Court Number Five of Dallas County is set aside, and Applicant is remanded to the custody
of the Sheriff of Dallas County to answer the charges as set out in the indictment. The
convicting court shall issue any necessary bench warrant within ten days after the mandate
DUKE — 2
of this Court issues. Applicant’s subsequent writ application, No. WR-23,129-10, is hereby
dismissed as moot.
DELIVERED: June 27, 2018
DO NOT PUBLISH