EX PARTE SHEADRICK LEE JACKSON v. << (2026)

OPINION

Applicant was convicted of unlawful possession of a firearm and sentenced to twenty-five years’ imprisonment. 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.

The Court received this application on March 15, 2022. After a remand was ordered, the Court denied the application on January 11, 2023. The State and Applicant filed a joint suggestion to reconsider that denial. The Court now, on its own initiative, retracts that denial, reconsiders the application, and issues this opinion granting Applicant a new punishment hearing.

Applicant contends that his sentence is illegal based on an invalid enhancement. Based on the newly provided record, this Court agrees that Applicant's sentence was outside of the applicable punishment range because one of the enhancements was actually a state jail felony and not available for use as a habitual enhancement.

Relief is granted. The sentence in cause number CR03127 in the 6th District Court of Red River County is set aside, and Applicant is remanded to the custody of the Sheriff of Red River County for a new sentencing hearing. 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.

Yeary, J. filed a dissenting opinion.