EX PARTE DESHAWN FORTEE BROWN v. << (2026)

OPINION

Applicant was convicted of murder and sentenced to thirty years’ imprisonment. The First Court of Appeals affirmed his conviction. Brown v. State, No. 01-23-00197-CR (Tex. App.—Houston [1st Dist] Aug. 27., 2024). 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 denying relief. 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 (1984). The judgment in cause number 163056501010 in the 179th 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 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.