CAMPOS, MANUEL Jr.

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-58,732-02
EX PARTE MANUEL CAMPOS JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 30774-B IN THE 18TH DISTRICT COURT
FROM JOHNSON 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 one count
aggravated assault and sentenced to forty years’ imprisonment. He was also convicted of six counts
of aggravated robbery and was sentenced to forty years’ imprisonment in each of those counts. All
the sentences are being served concurrently.
Applicant contends that the forty-year sentence for aggravated assault is unlawful because
the offense of conviction is a second-degree felony, which is punishable by two to twenty years in
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prison. The State agrees that the forty-year sentence is not authorized by law and requests that relief
be granted. The habeas record supports Applicant’s habeas claim and the State’s request.
Relief is granted. The forty-year sentence imposed in Cause No. 30774, Count Seven, in the
18th District Court of Johnson County is set aside, and Applicant is remanded to the custody of the
Sheriff of Johnson County so that the trial court may conduct a punishment hearing as to Count
Seven of the information (indictment was waived). Counts One through Six remain unaltered. The
trial court shall issue any necessary bench warrant within 10 days after the mandate of this Court
issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: November 21, 2018
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