Samuel, Ex Parte Samkutty

• Court: Court of Criminal Appeals of Texas
• Decided: November 8, 2006
• Docket: AP-75,538
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,538 EX PARTE SAMKUTTY SAMUEL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W00-00389-M(A) IN THE 194^TH DISTRICT COURT

FROM DALLAS 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 pleaded no contest to aggravated sexual assault of a child and was placed on deferred adjudication probation for ten years. He was later adjudicated guilty and sentenced to forty years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Samuel v. State, No. 05-03-01276-CR (Tex. App.-Dallas, delivered July 26, 2004, no pet.).

Applicant contends, among other things, that trial counsel rendered ineffective assistance at the adjudication of guilt proceeding because he did not object to prejudicial and inadmissible testimony; present evidence of Applicant's psychiatric history; and rebut testimony from the State's expert witness.

The trial court has entered findings of fact and conclusions of law, recommending that we vacate Applicant's sentence and grant him a new adjudication of guilt hearing. We agree. Accordingly, Applicant's sentence in cause number F-0000389-RM in the 194^th Judicial District Court from Dallas County is vacated, and he is remanded to the custody of the Sheriff of Dallas County to answer the State's motion to proceed with an adjudication of guilt.

Delivered: November 8, 2006

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