Bannister, James Austin

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-96,528-01

EX PARTE JAMES AUSTIN BANNISTER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 19-CRF-0385-2-A IN THE 105TH DISTRICT COURT KLEBERG COUNTY

Per curiam. YEARY, J., concurred.

OPINION

Applicant was convicted of Burglary of a Habitation (count I), Engaging in Organized

Criminal Activity (EOCA) (count II), and Theft of a Firearm (counts III–IX). He was sentenced to

20 years’ imprisonment on the burglary, 20 years’ imprisonment on EOCA, and 10 years’

imprisonment for each count of Theft of a Firearm. Applicant did not file an appeal in this cause.

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, among other things, that his plea was involuntary because trial counsel

failed to inform him of the plea consequences of the EOCA charge. Based on the record, the trial

court has determined that Applicant’s plea was involuntary on this basis. 2

Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in cause

number 19-CRF-0385-2-A in the 105th District Court of Kleberg County is set aside, and Applicant

is remanded to the custody of the Sheriff of Kleberg 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Delivered: April 23, 2025 Do not publish