The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,811-01
EX PARTE JUSTIN LOPEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 09-09-12750-A IN THE 79TH DISTRICT COURT
FROM JIM WELLS COUNTY
Per curiam. KELLER , P.J. filed a dissenting opinion, joined by YEARY , J..
OPINION
Applicant was convicted of capital murder and sentenced to life imprisonment. The Fourth
Court of Appeals affirmed his conviction. Lopez v. State, No. 04-10-00864-CR (Tex. App.—San
Antonio April 26, 2012)(not for publication).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 by failing to investigate and present
witnesses, failing to request a jury instruction on accomplice witness testimony, failing to consult
experts, and failing to object to testimony. Based on the record, the trial court has determined that
trial counsel’s performance was deficient and that Applicant was prejudiced. The trial court also
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found that false testimony was used to secure this conviction.
Relief is granted. Ex parte Weinstein, 421 S.W.3d 656 (Tex. Crim. App. 2014); Strickland
v. Washington, 466 U.S. 668 (1984). The judgment in cause number 09-09-12750-CR in the 79th
District Court of Jim Wells County is set aside, and Applicant is remanded to the custody of the
Sheriff of Jim Wells 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.
Delivered: September 16, 2020
Do not publish