Hill-Mosley, Bobby
CourtCourt of Criminal Appeals of Texas
Date FiledSeptember 17, 2026
DocketWR-97,767-01
StatusPublished
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Full Opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,767-01
EX PARTE BOBBY HILL-MOSLEY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-25-202415-A IN THE 167TH DISTRICT
COURT
TRAVIS COUNTY
Per curiam. YEARY, J. filed a dissenting opinion, joined by SCHENCK,
P.J, FINLEY and PARKER, JJ.
OPINION
Applicant was convicted of unlawful possession of a firearm by a felon and
sentenced to 10 years’ imprisonment with 180 days “shock.” 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.
Applicant contends that plea was involuntary because counsel failed to
2
timely file a motion for shock probation as promised as part of his plea. Based on
the record, the trial court has determined that Applicant’s plea was involuntary
and counsel was ineffective.
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment
in cause number D-1-DC-25-202415 in the 167th District Court of Travis County is
set aside, and Applicant is remanded to the custody of the Sheriff of Travis 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: September 17, 2026
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