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 Delivered:October 29, 2026 Do not publish