EX PARTE HONEYCUTT v. << (2026)

OPINION

Applicant was convicted of aggravated assault and sentenced to twenty-five years’ imprisonment. The Sixth Court of Appeals affirmed his conviction. Honeycutt v. State, No. 06-23-00167-CR (Tex. App.—Texarkana Jan. 12, 2024) (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 that trial counsel was ineffective. The trial court recommends that relief be denied. However, based on the record, this Court has determined that trial counsel's performance was deficient and that Applicant was prejudiced.

Relief is granted. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The judgment in cause number B22430-1 in the 198th District Court of Kerr County is set aside, and Applicant is remanded to the custody of the Sheriff of Kerr 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.

Per curiam.

Finley, J., filed a concurring opinion joined by Parker, J. Schenck, P.J., and Yeary, J., dissented.