# Brown, Ex Parte David Denmark

> Court of Criminal Appeals of Texas · June 3, 2009

URL: https://www.frixlaw.com/law-library/cases/2941958

## Case

- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 3, 2009
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. AP-76,163

EX PARTE DAVID DENMARK BROWN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F04-72008-M IN THE 194th DISTRICT COURT
FROM DALLAS COUNTY

Per curiam.

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 writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of deadly conduct

and sentenced to thirty-seven years’ imprisonment. The Fifth Court of Appeals affirmed his

conviction. Brown v. State, No. 05-05-00902-CR (Tex. App.–Dallas, delivered January 12, 2007,

pet. ref’d).

Applicant contends, inter alia, that his trial counsel rendered ineffective assistance because

he failed to request a self-defense instruction on the lesser included charge of deadly conduct.
2

The trial court, based upon the record, has determined that trial counsel was ineffective in

that he failed to request a self-defense instruction on the charge of deadly conduct and that such

ineffective representation prejudiced applicant. We find, therefore, that applicant is entitled to relief.

The judgment of conviction in Case No. F04-72008-M from the 194th Judicial District Court

of Dallas County is vacated and the applicant is remanded to the Sheriff of Dallas County to answer

the charges set out in the indictment.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: June 3, 2009
Do Not Publish

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2941958. Public record. Not legal advice.