The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,084-01
EX PARTE CASEY LANE DAWSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CVHC-XX-XXXXXXX IN THE 198TH DISTRICT COURT
FROM BANDERA COUNTY
Per curiam.
OPINION
Applicant was convicted of aggravated assault with a deadly weapon and deadly conduct with
a weapon and sentenced to 7 years’ imprisonment. The Fourth Court of Appeals affirmed his
conviction. Dawson v. State, No. 04-18-000023-CR (Tex. App.–San Antonio, Dec. 19, 2018).
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 because counsel misunderstood the law
concerning probation eligibility when he advised Applicant to go to the judge for sentencing. Based
on the record, the trial court has determined that trial counsel’s performance was deficient and that
Applicant was prejudiced at the punishment phase of his trial.
2
Relief is granted. Strickland v. Washington, 466 U.S. 668 (1984); Miller v. State, 548
S.W.3d 497, 499 (Tex. Crim. App. 2018). The sentence in cause number CR-XX-XXXXXXX in the
198th District Court of Bandera is vacated and Applicant is remanded to the custody of the Sheriff
of Bandera County. 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: February 24, 2021
Do not publish