Jenkins, Nicholas Letroy

• Court: Court of Criminal Appeals of Texas
• Decided: June 7, 2023
• Docket: WR-90,385-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-90,385-01

EX PARTE NICHOLAS LETROY JENKINS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. L-I3-0105-HC-1 IN THE 156TH DISTRICT COURT FROM LIVE OAK COUNTY

Per curiam. YEARY , J., dissented.

OPINION

Applicant was convicted of murder and sentenced to sixty years’ imprisonment. The

Thirteenth Court of Appeals affirmed his conviction. Jenkins v. State, No. 13-15-0426-CR (Tex.

App.—Corpus Christi/Edinburg Sept. 28, 2017)(not designated for publication). 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 that his plea was involuntary because counsel was ineffective. Based on

the record, the trial court has determined that Applicant’s plea was involuntary. We agree.

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

number L-I3-0105-CR-B in the 156th District Court of Live Oak County is set aside, and Applicant 2

is remanded to the custody of the Sheriff of Live Oak 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Delivered: June 7, 2023 Do not publish