The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,970-01
EX PARTE COBY RAY HUDGINS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 43,645-B-H-1 IN THE 124TH DISTRICT COURT
FROM GREGG COUNTY
Per curiam. RICHARDSON, J., filed a concurring opinion in which HERVEY, J.,
joined. KELLER, P.J., YEARY, and SLAUGHTER JJ., dissented.
OPINION
Applicant was convicted of murder and was sentenced to ninety-nine years’ imprisonment.
This Court affirmed the conviction and sentence on discretionary review. Hudgins v. State, No. PD-
0163-17 (Tex. Crim. App. Jan. 24, 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 that trial counsel was ineffective at the punishment phase of trial because
he did not adequately investigate and present mitigation evidence. The trial court recommend that
relief be denied. However, we disagree. Applicant has shown that counsel was deficient and that
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he was harmed by counsel’s failure to investigate and present expert mitigation testimony during the
punishment phase of trial.
Relief is granted. Strickland v. Washington, 466 U.S. 668 (1984). The sentence in cause
number 43645-B in the 124th District Court of Gregg County is set aside, and Applicant is remanded
to the custody of the Sheriff of Gregg County for the trial court to hold a new punishment 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.
Delivered: June 19, 2024
Do not publish