The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,055-01
EX PARTE ANDREW JAMES BLACKWELL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 21DCR84349-A IN THE 264TH DISTRICT COURT
BELL COUNTY
Per curiam.
OPINION
A jury convicted Applicant of sexual assault. The trial court assessed his
punishment at ten years’ imprisonment. Applicant appealed his conviction to the
Third Court of Appeals, but it was dismissed at his request. Blackwell v. State, No. 03-
24-00347-CR (Tex. App.—Austin, delivered October 30, 2024) (not designated for
publication). Through habeas counsel, Applicant filed this application for a writ of
habeas corpus in the county of conviction, and the district clerk forwarded it to this
2
Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant argues that his trial counsel wrongly informed him that the trial court
had the authority to place Applicant on community supervision after being convicted
by the jury of sexual assault. This information was incorrect because a judge may not
order community supervision to a defendant adjudged guilty of sexual assault under
Section 22.011 of the Texas Penal Code. TEX. CODE CRIM. PROC. art 42A.054(8).
Once Applicant was convicted by the jury of sexual assault, only the jury had the
authority to make a recommendation for community supervision. See TEX. CODE
CRIM. PROC. art. 42A.055. This Court’s independent review of the record shows that
Applicant is entitled to habeas relief. See Miller v. State, 548 S.W.3d 497 (Tex. Crim.
App. 2018).
Relief is granted. Strickland v. Washington, 466 U.S. 668 (1984). The sentence
in cause number 21DCR84349-A in the 264th District Court of Bell County is set
aside, and Applicant is remanded to the custody of the Sheriff of Bell County for 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.
3
Delivered: January 15, 2026
Do not publish