IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,905-01
EX PARTE CHARDEH HAWKINS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2016CR4911-W1 IN THE 144TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam.
OPINION
Applicant was convicted of one count of aggravated robbery and one count of aggravated
assault and sentenced to fifteen years’ imprisonment for each count, to run concurrently. The Fourth
Court of Appeals affirmed his convictions. Hawkins v. State, No 04-17-00510-CR (Tex. App. — San
Antonio July 5, 2018) (not designated for publication). 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, among other things, that both trial counsel and appellate counsel were
ineffective because neither argued that Applicant’s conviction of both aggravated robbery by causing
bodily injury and aggravated assault causing bodily injury of the same complainant during the same
2
incident violated the prohibition on double jeopardy. Based on the record, the trial court has
determined that both trial and appellate counsel’s performance was deficient and that Applicant was
prejudiced.
Relief is granted. Strickland v. Washington, 466 U.S. 668 (1984). The judgment in cause
number 2016CR4911 in the 144th District Court of Bexar County as it pertains to count two,
Applicant's aggravated assault conviction, is set aside. All relief requested as to count one is denied.
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: January 27, 2021
Do not publish