Castillo, Ex Parte Sergio

• Court: Court of Criminal Appeals of Texas
• Decided: June 21, 2006
• Docket: AP-75,460
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,460 EX PARTE SERGIO CASTILLO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NUMBER 1994-CR-372-D IN THE 103RD

JUDICIAL DISTRICT COURT OF CAMERON COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, § 3, Tex.Code Crim.Proc. Applicant was convicted of attempted murder and punishment was assessed at confinement for twenty-five years. Applicant's judgment of conviction was affirmed on direct appeal. Castillo v. State, No. 13-94-00514-CR (Tex. App.--Corpus Christi 1994, no pet.).

Applicant contends that he was denied exculpatory Brady material by the State. See Brady v. Maryland, 373 U.S. 83 (1963). The trial court recommends that relief be granted. We agree.

Relief is granted. Applicant is remanded to the sheriff of Cameron County to answer the indictment.

DELIVERED: June 21, 2006

DO NOT PUBLISH