Barron, Raul Fernando ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-26,838-04
EX PARTE RAUL FERNANDO BARRON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 14-04-04074 IN THE 435TH DISTRICT COURT
FROM MONTGOMERY COUNTY
Per curiam. YEARY, J. filed a dissenting opinion.
OPINION
Applicant was convicted of violation of civil commitment and sentenced to life
imprisonment. The Ninth Court of Appeals affirmed his conviction. Barron v. State,
09-14-00231-CR (Tex. App.—Beaumont Apr. 13, 2016, no pet.) (mem. op., not designated for
publication). 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 claims the conduct for which he was convicted was retroactively decriminalized
by the 84th Legislature in its Senate Bill 746. The bill decriminalized violations of conditions of
civil commitment which required an offender's “participation in and compliance with a specific
course of treatment provided by the [Texas Civil Commitment Office and its predecessor agencies]
2
and compliance with all written requirements imposed by the office” and was made retroactively
effective in all cases that had not yet resulted in a final conviction as of its effective date of June 17,
2015. Applicant's case was pending in the court of appeals on the effective date and was not
affirmed until April 13, 2016. Based on the record, the trial court finds that Applicant's conviction
should be vacated because the Legislature has retroactively voided the portion of the statute under
which the applicant was convicted.
We agree. Relief is granted. Vandyke v. State, 538 S.W.3d 561, 567 (Tex. Crim. App. 2017).
The judgment in cause number 14-04-04074 CR in the 435th District Court of Montgomery County
is set aside, and Applicant is remanded to the custody of the Sheriff of Montgomery 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: April 29, 2020
Do not publish