The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,717-01
EX PARTE BRIYON SMITH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-19-300593-A IN THE 167TH DISTRICT COURT
FROM TRAVIS COUNTY
Per curiam.
OPINION
Applicant was convicted of aggravated assault and sentenced to ten 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 plea was involuntary because the plea agreement was conditioned
on an agreement for shock probation if Applicant successfully completed the initial portion of his
sentence. Based on the record, the trial court has determined that Applicant completed his portion
of the bargain, but counsel failed to timely file a motion for shock probation. It also determined that
the plea agreement was conditioned on an agreement for shock probation.
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in cause
2
number D-1-DC-19-300593 in the 165th District Court of Travis County is set aside, and Applicant
is remanded to the custody of the Sheriff of Travis 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: May 18, 2022
Do not publish