Hammond, Ex Parte Terry Keith

Court of Criminal Appeals of Texas

Hammond, Ex Parte Terry Keith

DecidedFebruary 28, 2007

DocketAP-75,626

StatusPublished

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,626 EX PARTE TERRY KEITH HAMMOND, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 4010-A IN THE 31^ST JUDICIAL DISTRICT COURT

FROM WHEELER COUNTY

Per curiam.

O P I N I O N

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 theft and sentenced to five years' probation. Applicant's probation was later revoked, and he was sentenced to two years' state jail imprisonment.

Applicant filed a notice of appeal after revocation. The Seventh Court of Appeals held that it lacked jurisdiction to consider Applicant's claims relating to his conviction and placement on community supervision, but considered and rejected his improper revocation claim. Hammond v. State, No. 07-04-0430-CR (Tex. App.- Amarillo, December 14, 2005, no pet.).

We remanded to the trial court to determine, inter alia, whether trial counsel was ineffective for failing to object to an unconstitutional condition of community supervision, and for failing to file a timely notice of appeal from the conviction and judgment placing Applicant on community supervision. The trial court held a habeas hearing, and heard evidence and testimony. Following the habeas hearing, the trial court entered supplemental findings of fact and conclusions of law, finding that Applicant received ineffective assistance of counsel at trial and on appeal. We agree. Accordingly, relief is granted. The order imposing community supervision in Cause No. 4010-A in the 31^st Judicial District Court of Wheeler County is vacated, and the cause remanded for re-sentencing.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.

Delivered:

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,626 EX PARTE TERRY KEITH HAMMOND, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 4010-A IN THE 31^ST JUDICIAL DISTRICT COURT

FROM WHEELER COUNTY

Per curiam.

O P I N I O N

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 theft and sentenced to five years' probation. Applicant's probation was later revoked, and he was sentenced to two years' state jail imprisonment.

Applicant filed a notice of appeal after revocation. The Seventh Court of Appeals held that it lacked jurisdiction to consider Applicant's claims relating to his conviction and placement on community supervision, but considered and rejected his improper revocation claim. Hammond v. State, No. 07-04-0430-CR (Tex. App.- Amarillo, December 14, 2005, no pet.).

We remanded to the trial court to determine, inter alia, whether trial counsel was ineffective for failing to object to an unconstitutional condition of community supervision, and for failing to file a timely notice of appeal from the conviction and judgment placing Applicant on community supervision. The trial court held a habeas hearing, and heard evidence and testimony. Following the habeas hearing, the trial court entered supplemental findings of fact and conclusions of law, finding that Applicant received ineffective assistance of counsel at trial and on appeal. We agree. Accordingly, relief is granted. The order imposing community supervision in Cause No. 4010-A in the 31^st Judicial District Court of Wheeler County is vacated, and the cause remanded for re-sentencing.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.

Delivered:

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