Weatherly, Rohn M

• Court: Court of Criminal Appeals of Texas
• Decided: February 15, 2023
• Docket: WR-61,215-10
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-61,215-10

EX PARTE ROHN M WEATHERLY, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. C-371-W012079-1380491-D IN THE 371ST DISTRICT COURT FROM TARRANT COUNTY

Per curiam. YEARY , J., concurred.

OPINION

Applicant pleaded guilty to unlawful restraint of a child younger than seventeen years of age

and was sentenced to fifteen years’ imprisonment. The Second Court of Appeals affirmed his

conviction. Weatherly v. State, No. 02-16-0026-CR (Tex. App.—Fort Worth, Dec. 8, 2016) (not

designated for publication). Applicant filed this application for writs 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, among other things, that his plea was involuntary because he was never

informed that he would have to register as a sex offender as a result of his conviction. The trial court

found, and the State agrees, that Applicant’s guilty plea is involuntary and recommends that 2

Applicant be allowed to withdraw his plea.

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

number 1380491D in the 371st District Court of Tarrant County is set aside, and Applicant is

remanded to the custody of the Sheriff of Tarrant County to answer the charges as set out in the

indictment.1 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Delivered: February 15, 2023 Do not publish

1 The judgment in cause number 1380528C remains in place.