The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,289-01
EX PARTE ROLLIE DARNELL WARFIELD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W12-51838-V(A) IN THE 292ND DISTRICT COURT
FROM DALLAS COUNTY
Per curiam. YEARY J. filed a concurring opinion. NEWELL J. filed a concurring opinion
joined by HERVEY , and RICHARDSON , JJ..
OPINION
Applicant was convicted of possession of fraudulent identifying information, 10-50 pieces,
and sentenced to nine years’ imprisonment. 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 his due process was violated and plea was involuntary because he
possessed less than ten pieces of identification, making him guilty only of a lesser offense. The State
and trial court agree and recommend that this Court grant relief.
We agree. Relief is granted. Brady v. United States, 397 U.S. 742 (1970); State v. Wilson,
2
324 S.W.3d 595 (Tex. Crim. App. 2010). The judgment in cause number F12-51838-V in the 292nd
District Court of Dallas County is set aside, and Applicant is remanded to the custody of the Sheriff
of Dallas 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.
Filed: February 24, 2021
Do not publish