IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,165-01
EX PARTE ROY EUGENE USSERY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 955938-A IN THE 184TH DISTRICT COURT
FROM HARRIS 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 this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of failure to comply
with sex offender registration requirements and sentenced to two years’ imprisonment. He did not
appeal his conviction.
Applicant contends that his plea was involuntary, his counsel was ineffective, and his
conviction was illegal because he was prosecuted and sentenced for a third degree felony when the
offense was really a state jail felony.
2
Both the State and the trial court agree that Applicant is entitled to relief. Ex parte Huerta,
692 S.W.2d 681 (Tex. Crim. App. 1985). We agree.
Relief is granted. The judgment in Cause No. 955938 in the 184th District Court of Harris
County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris County to
answer the charges as set out in the indictment. 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: June 22, 2016
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