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 Publish