Full Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. WR-97,569-01 & WR-97,569-02 EX PARTE ABEL RIOS, JR., Applicant ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. CR-5475-24-L(1) & CR-0241-24-L(1) IN THE 464TH DISTRICT COURT HIDALGO COUNTY Per curiam. OPINION Applicant pleaded guilty to evading arrest/detention with a vehicle and aggravated assault. He was originally placed on deferred adjudication community supervision for a period of seven years in both cause numbers. Later, he was adjudicated guilty and sentenced to four years’ imprisonment for each cause. Applicant, through habeas counsel, filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this 2 Court. See TEX. CODE CRIM. PROC. art. 11.07. Applicant contends that plea was involuntary because counsel informed him that he would receive shock probation after serving six months in prison when he was ineligible for such relief in one of the cases. Both the State and the trial court agree that trial counsel improperly informed Applicant that he would received shock probation if he pleaded true to the adjudication allegations against him and Applicant relied on that advice when making his plea of true. Applicant was not eligible for shock probation and was ultimately sentenced to four years imprisonment as a result of his plea. Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgments adjudicating guilt in cause numbers CR-0241-24-L and CR-5475-24-L in the 464th District Court of Hidalgo County are set aside, and Applicant is remanded to the custody of the Sheriff of Hidalgo County to answer the charges as set out in the motions to adjudicate guilt. 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Justice–Correctional Institutions Division and the Board of Pardons and Paroles. 3 Delivered: September 17, 2026 Do not publish