Lewis, Jordan

• Court: Court of Criminal Appeals of Texas
• Decided: November 15, 2017
• Docket: WR-86,781-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-86,781-01

EX PARTE JORDAN LEWIS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 13-11-205-CRW-A IN THE 81st DISTRICT COURT FROM WILSON COUNTY

Per curiam. KELLER , P.J., filed a concurring opinion in which KEEL, J., joined. KEASLER , J., filed a dissenting opinion in which HERVEY and YEARY , JJ., joined.

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 in count one and aggravated assault in count two and sentenced to fifty years’ imprisonment

on each count. The First Court of Appeals affirmed his conviction. Lewis v. State, No. 01-14-

00557-CR (Tex. App.—Houston [1st Dist.] Jan. 26, 2016) (not designated for publication).

Applicant contends, among other things, that his aggravated assault conviction in count two

was barred by double jeopardy as a result of his aggravated robbery conviction in count one and that 2

he received ineffective assistance of trial counsel in this case.

Relief is granted. The judgment in Cause No. 13-11-205-CRW in the 81st District Court of

Wilson County as it pertains to count two, Applicant’s aggravated assault conviction, is set aside.

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

Institutions Division and Pardons and Paroles Division.

Delivered: November 15, 2017 Do not publish