EX PARTE JOSEPH TAYLOR v. << (2026)

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 two counts of unlawful possession of a firearm by a felon. He was sentenced to a term of four years’ imprisonment on each count.

Applicant's writ application raised three grounds of relief, including claims of ineffective assistance of counsel and double jeopardy. The application is non-compliant because Applicant failed to sign the verification. However, because it is clear from the record that Applicant is entitled to relief, the Court will not dismiss it as non-compliant. Ex parte Golden, 991 S.W.2d 859 (Tex. Crim. App. 1999). The State and the trial court agree that the two counts in this judgment are actually for the same conduct and violate double jeopardy.

We agree that Applicant has suffered multiple punishments for the same offense. Ex parte Cavazos, 203 S.W.3d 333, 337 (Tex. Crim. App. 2007). Relief is granted. The judgment in count one of Cause No. C-372-W012849-1802822-A in the 372nd District Court of Tarrant County is vacated and set aside. All remaining issues are denied.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.

Per curiam.