Hubert, Nathaniel Lewis

• Court: Court of Criminal Appeals of Texas
• Decided: May 13, 2015
• Docket: WR-20,734-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-20,734-02

EX PARTE NATHANIEL LEWIS HUBERT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W86-97846-I-B IN THE CRIMINAL DISTRICT COURT NO. 2 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 writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to unlawful delivery

of less than 28 grams of cocaine and was placed on deferred adjudication community supervision

for five years. On July 7, 1988, the trial court adjudicated him guilty and sentenced him to ninety-

nine years’ imprisonment.

This Court withdrew its 1994 decision on this writ, reconsidered the case on our own motion,

and remanded it to the trial court for findings of fact and conclusions of law addressing Applicant’s 2

contention that the trial judge prejudged his punishment. Ex parte Hubert, No. WR-20,734-02 (Tex.

Crim. App. Sep. 11, 2013) (unpublished).

After considering the original trial judge’s affidavit filed in response to the remand, the

habeas court has determined that Applicant is entitled to relief. We agree.

Applicant is entitled to relief. Ex parte Brown, 158 S.W.3d 449 (Tex. Crim. App. 2005).

Relief is granted. The sentence in Cause No. F-86-97846-SKNI in the Criminal District

Court No. 2 of Dallas County is set aside, and Applicant is remanded to the custody of the Sheriff

of Dallas County for a new punishment hearing. Any remaining claims challenging the validity of

the conviction are denied. 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Delivered: May 13, 2015 Do not publish