Fugett, Vonqualn Raashad
CourtCourt of Criminal Appeals of Texas
Date FiledOctober 29, 2026
DocketWR-97,658-01
StatusPublished
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Full Opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,658-01
EX PARTE VONQUALN RAASHAD FUGETT, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 080845-01-e-wr IN THE 108TH DISTRICT COURT
POTTER COUNTY
Per curiam. SCHENCK, P.J. dissented.
OPINION
Applicant was convicted of two counts of indecency with a child and
sentenced to fifteen years’ imprisonment. The Seventh Court of Appeals affirmed
his conviction. Fugett v. State, No. 07-24-00361-CR (Tex. App. — Amarillo Aug.
28, 2025). 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 trial counsel was ineffective for misadvising
Applicant to go the judge for sentencing in order to seek community supervision.
However, Applicant was not eligible for community supervision. Based on the
record, the trial court has determined that trial counsel’s performance was
deficient and that Applicant was prejudiced.
We agree. Relief is granted. Strickland v. Washington, 466 U.S. 668 (1984).
The sentence in cause number 080845-E-CR in the 108th District Court of Potter
County is set aside, and Applicant is remanded to the custody of the Sheriff of
Potter County to receive a new punishment hearing. 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:October 29, 2026
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