Smith, Tyler

• Court: Court of Criminal Appeals of Texas
• Decided: March 5, 2026
• Docket: WR-97,142-01
• Status: Published

Opinions

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-97,142-01

EX PARTE TYLER SMITH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W2018960-A IN THE CRIMINAL DISTRICT COURT NUMBER 7 DALLAS COUNTY

Per curiam. FINLEY, J., filed a concurring opinion in which YEARY, J., joined.

OPINION

Applicant was convicted of failure to register as a sex offender and sentenced

to six months’ imprisonment. Applicant did not file a direct appeal. 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 he is actually innocent and that his guilty plea was 2

not knowingly and voluntarily entered. Due to being erroneously added to the Sex

Offender Registry, all of the parties at the time of his plea incorrectly believed that

Applicant was required to register for a juvenile offense when he had successfully

completed his community supervision. The errors in the record were not

corrected until 2022. Based on the record, the trial court has determined that

Applicant has established by clear and convincing evidence that he is actually

innocent, and that his guilty plea was not knowingly and voluntarily entered.

We agree. Relief is granted. Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim.

App. 1996); Ex parte Tuley, 109 S.W.3d 388 (Tex. Crim. App. 2002). The

judgment in cause number F-2018960-Y in the Criminal District Court Number 7

of Dallas County is set aside, and Applicant is remanded to the custody of the

Sheriff of Dallas 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Delivered: March 5, 2026 Do not publish