The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-95,046-01 & 95,046-02
EX PARTE BRIANNA MCFALL, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 2012CR6811-W1 & 2012CR6812-W1 IN THE 187TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam.
OPINION
Applicant pleaded guilty to aggravated assault and assault/family violence and was sentenced
to two years’ imprisonment in each cause. Applicant filed these applications for writs of habeas
corpus in the county of conviction, and the district clerk forwarded them to this Court. See TEX.
CODE CRIM. PROC. art. 11.07.
Applicant contends that her pleas were involuntary because trial counsel had an actual
conflict of interest. Based on the record, the trial court has determined that trial counsel’s
performance was deficient and that Applicant is entitled to relief. We agree.
Relief is granted. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781
(Tex. Crim. App. 2013). The judgments in cause numbers 2012CR6811 & 2012CR612 in the 187th
2
District Court of Bexar County are set aside, and Applicant is remanded to the custody of the Sheriff
of Bexar County to answer the charges as set out in the indictments. 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: September 13, 2023
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