CourtListener 10837574•White, Isaiah Lamontrel
Full text
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,428-01
EX PARTE ISAIAH LAMONTREL WHITE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. C-2-W012789-1821516-A
IN THE CRIMINAL DISTRICT COURT TWO
TARRANT COUNTY
Per curiam.
OPINION
Applicant was convicted of three counts: (1) aggravated assault of a peace
officer, (2) evading arrest, and (3) unauthorized use of a motor vehicle. He was
sentenced to five years’ imprisonment in each count. This application only attacks
count three, the conviction for the unauthorized use of a motor vehicle. 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.
2
Applicant contends that his plea was involuntary and his sentence was illegal
as to count three of this indictment. Applicant pleaded guilty with no agreement as
to sentence. Based on the record, the trial court has determined that Applicant’s
plea was not involuntary, but his sentence was illegal and recommends that this
Court grant Applicant a new sentencing hearing. We agree.
Relief is granted. The sentence in count three of cause number 1821516 in
the Criminal District Court Number 2 District Court of Tarrant County is set
aside, and Applicant is remanded to the custody of the Sheriff of Tarrant County
for a new sentencing hearing for count three only. 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: April 2, 2026
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