Joiner, Rodney ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,681-01
EX PARTE RODNEY JOINER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 22-02099-CRF-361-A IN THE 361ST DISTRICT COURT
FROM BRAZOS COUNTY
Per curiam.
OPINION
Applicant was convicted of theft and sentenced to three 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.
Applicant contends that he was given a sentence outside the applicable punishment range.
The State and the trial court agree that the intended plea bargain was not followed and Applicant’s
sentence is outside of the applicable range.
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The sentence in cause
number 22-02099-CRF-361 in the 361st District Court of Brazos County is set aside, and Applicant
is remanded to the custody of the Sheriff of Brazos County to receive a new punishment hearing. The
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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 19, 2023
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