The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,876-01
EX PARTE JAMES CHRISTOPHER PHILLIPS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 6880-A IN THE 39TH DISTRICT COURT
FROM HASKELL COUNTY
Per curiam.
OPINION
Applicant was convicted of Engaging in Organized Criminal Activity and sentenced to
nineteen years’ imprisonment. Applicant, through habeas counsel, 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 plea was involuntary because trial counsel affirmatively
misadvised him as to parole eligibility. See Strickland v. Washington, 466 U.S. 668 (1984); Ex parte
Moussazadeh, 361 S.W.3d 684 (Tex. Crim. App. 2012). The trial court held an evidentiary hearing
and recommends, with the State’s agreement, that this Court grant habeas relief. The trial court
adopted the parties’ agreed findings and recommendation, which are supported by the record.
2
Relief is granted. The judgment in cause number 6880 in the 39th District Court of Haskell
County is set aside, and Applicant is remanded to the custody of the Sheriff of Haskell 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: November 9, 2022
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