Skipper, Whitney Ashton

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,204-01
EX PARTE WHITNEY ASHTON SKIPPER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 10613-1 IN THE 82ND DISTRICT COURT
FROM FALLS COUNTY
Per curiam.
OPINION
Applicant pleaded guilty to abandoning or endangering a child and was sentenced to seven
years’ imprisonment. 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.
The application for habeas corpus is non-compliant. However, because this Court has determined
that Applicant is entitled to relief, the Court will not dismiss the application. Ex parte Golden, 991
S.W.2d 859 (Tex. Crim. App. 1999).
Applicant contends that her sentence is illegal and counsel was ineffective for failing to
challenge the illegal sentence. Based on the record, the trial court has determined that the sentence
imposed exceeded the statutory range of punishment for the offense alleged in the indictment. We
2
agree.
Relief is granted. Ex parte Rich, 194 S.W.3d, 508, 511 (Tex. Crim. App. 2006). The
sentence in cause number 10613 in the 82nd District Court of Falls County is set aside, and Applicant
is remanded to the custody of the Sheriff of Falls County for a new punishment hearing. 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: November 10, 2021
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