Full Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-38,213-06 EX PARTE DYROL T. STUBBS, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-297-W012702-1581335-A IN THE 297TH DISTRICT COURT TARRANT COUNTY Per curiam. YEARY, J. dissented. OPINION Applicant was convicted of indecency with child and sentenced to forty years’ imprisonment. The Second Court of Appeals affirmed his conviction. Stubbs v. State, No. 02-21-0012-CR (Tex. App.—Fort Worth Oct. 27, 2022)(not designated for publication). 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 by allowing the State to question Applicant about his remote prior criminal history and failing to properly prepare him to testify. 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 number 1581335D in the 297th District Court of Tarrant County is set aside, and Applicant is remanded to the custody of the Sheriff of Tarrant 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 Delivered: October 15, 2026 Do not publish