Gunter, Jonathan Russell

• Court: Court of Criminal Appeals of Texas
• Decided: February 25, 2015
• Docket: WR-82,633-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-82,633-01

EX PARTE JONATHAN RUSSELL GUNTER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W-0900002 M (A) IN THE 194TH DISTRICT COURT FROM DALLAS COUNTY

Per curiam.

OPINION

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated

robbery and sentenced to thirty years’ imprisonment. The Fifth Court of Appeals deleted the deadly

weapon finding in the judgment and affirmed the judgment, as reformed. Gunter v. State, No. 05-09-

00324-CR (Tex. App.—Dallas Sept. 29, 2010) (not designated for publication).

In a single ground, Applicant contends that trial counsel failed to present mitigation evidence

at the punishment hearing. After holding an evidentiary hearing, the trial court adopted Applicant’s 2

proposed findings of fact and conclusions of law and concluded that counsel’s conduct was deficient

and Applicant was prejudiced. The trial court recommended that we grant Applicant a new

punishment hearing.

We agree. Relief is granted. The punishment in cause number F-09-00002-M in the 194th

District Court of Dallas County is set aside, and Applicant is remanded to the custody of the Sheriff

of Dallas County for a new punishment hearing. The trial court shall issue any necessary bench

warrant within 10 days after the mandate of this Court issues.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: February 25, 2015 Do not publish