Rice, Ex Parte Reginald Donell

• Court: Court of Criminal Appeals of Texas
• Decided: November 16, 2011
• Docket: AP-76,688
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. AP-76,688, AP-76,689, AP-76,690

EX PARTE REGINALD DONELL RICE, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS CAUSE NOS. 366-83133-06, 366-83134-06 & 366-83135-06 IN THE 366TH DISTRICT COURT FROM COLLIN 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 these applications for a writ of habeas corpus. Ex

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

of a controlled substance, tampering with evidence, and failure to stop and render aid. He was

sentenced to imprisonment for one term of twenty years and two terms of forty-five years. The Fifth

Court of Appeals affirmed his convictions. Rice v. State, Nos. 05-07-00705-CR, 05-07-00706-CR

& 05-07-00707-CR (Tex. App.–Dallas Dec. 6, 2007, no pet.). 2

Applicant contends, among other things, that trial counsel rendered ineffective assistance.

The trial court has determined that trial counsel was ineffective. Relief is granted. The judgments

in cause numbers 366-83133-06, 366-83134-06, and 366-83135-06 in the 366th District Court of

Collin County are set aside, and Applicant is remanded to the custody of the Sheriff of Collin County

to answer the charges as set out in the indictments. 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Delivered: November 16, 2011 Do Not Publish