IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. 74,530

 

EX PARTE CURTIS ELRUE THOMASON, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM HENDERSON COUNTY
 Per Curiam.


O P I N I O N



This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of the offense of indecency with a child. Punishment was assessed at four years imprisonment. This conviction was affirmed, Thomason v. State, No. 12-97-00176-CR (Tex.App.Tyler, delivered August 26, 1998, pet. ref'd).

Applicant contends that he received ineffective assistance of counsel at trial.

The trial court has entered findings of fact, after holding a hearing, that Applicant received ineffective assistance of counsel. Specifically, the trial court found that counsel failed to adequately investigate and render appropriate advice. The trial court further found that, had it not been for counsel's ineffective assistance, the outcome of this proceeding would have been different. Applicant is entitled to relief.

Relief is granted. The judgment in cause number A-7283-B in the 173rd Judicial District Court of Henderson County is vacated, and the Applicant is remanded to the custody of the Sheriff of Henderson County to answer the charges as set out in the indictment.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Institutional and Pardons and Paroles Divisions.

DELIVERED: January 15, 2003

DO NOT PUBLISH