Worsham, Virgil Jr. ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,780-01
EX PARTE VIRGIL WORSHAM, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 23,261-2017A IN THE 402ND DISTRICT COURT
FROM WOOD COUNTY
Per curiam. YEARY , J. filed a dissenting opinion in which SLAUGHTER , J. joined.
OPINION
Applicant pleaded guilty to unlawful possession of a firearm and was sentenced to ten years’
imprisonment. Applicant did not file a direct appeal. 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 plea was involuntary because trial counsel failed to file a motion to
suppress evidence. Based on the record, the trial court has determined that trial counsel’s
performance was deficient and that Applicant would have insisted on a trial but for counsel’s
deficient performance. We agree.
Relief is granted. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 7812
(Tex. Crim. App. 2013). The judgment in cause number 23,261-2017 in the 402nd District Court
of Wood County is set aside, and Applicant is remanded to the custody of the Sheriff of Wood
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: DECEMBER 07, 2022
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