Fuller, Ralph Bennett Jr.

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,828-01

EX PARTE RALPH BENNETT FULLER JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W09-56881-S(A) IN THE 282ND DISTRICT COURT
FROM DALLAS COUNTY

Per curiam. YEARY, J. filed a dissenting opinion joined by SLAUGHTER, J.

OPINION

Applicant was convicted of evading arrest, which was a state-jail felony, and sentenced to

two years’ imprisonment. Through habeas counsel, 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 his sentence is unlawful because the trial court ordered that it be

served in the penitentiary rather than the state jail. The State agrees, and the trial court has entered

findings recommending that this Court grant habeas relief. The findings and recommendation are

supported by the record. See Ex parte Rich, 194 S.W.3d 508, 514-15 (Tex. Crim. App. 2006).

Relief is granted.
2

The judgment revoking community supervision in cause number F-0956881-S in the 282nd

District Court of Dallas County is set aside, and Applicant is remanded to the custody of the Sheriff

of Dallas County to answer the allegations as set out in the motion to revoke supervision. 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.

Filed: November 8, 2023
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