Recio, Phillip

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,811-01

EX PARTE PHILLIP RECIO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1679574-A IN THE 179TH DISTRICT COURT
HARRIS COUNTY

Per curiam.

OPINION

Applicant was convicted of continuous sexual abuse of a child and sentenced to 25 years’

imprisonment. The 14th Court of Appeals affirmed his conviction. Recio v. State, No. 14-22-00231-

CR (Tex. App.—Houston [14th Dist.] May 9, 2023, 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 that trial counsel was ineffective for failing to investigate and retain

expert testimony regarding the complainant’s forensic interview. Based on the record, the trial court

has determined that trial counsel’s performance was deficient and that Applicant was prejudiced.

Relief is granted. Strickland v. Washington, 466 U.S. 668 (1984). The judgment in cause
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number 1679574-A in the 179th 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: November 6, 2025
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