The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-25,632-03
EX PARTE TRACY BRIAN BROWN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 580614-C IN THE 339TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. YEARY and SLAUGHTER , JJ., dissented.
OPINION
Applicant was convicted of delivery of a controlled substance and sentenced to thirty-five
years’ imprisonment. The First Court of Appeals affirmed his conviction. Brown v. State, No. 01-
92-00973-CR (Tex. App.—Houston [1st] 1993, pet. ref’d). 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, among other things, that his Sixth and Fourteenth Amendment rights to
determine the objective of his defense were violated by counsel’s concession of guilt during closing
arguments. Applicant also contends that trial counsel was ineffective because he (1) failed to present
the former or live testimony of a key defense witness; and (2) conceded his guilt during closing
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arguments. Based on the record, the trial court has determined that Applicant’s constitutional rights
were violated and that trial counsel was ineffective.
Relief is granted. The judgment in cause number 580614 in the 339th District Court of
Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris 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: June 15, 2022
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