Brooks, Darren

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,887-01

EX PARTE DARREN BROOKS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W20-00586-V(A) IN THE 292ND DISTRICT COURT
FROM DALLAS COUNTY

Per curiam. YEARY , J., dissented.

OPINION

Applicant pleaded guilty to engaging in organized criminal activity in exchange for a

sentence of twenty-five years’ imprisonment. He did not appeal his conviction. 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, among other things, that his plea was involuntary because he was

incorrectly admonished as to the punishment range applicable to the offense to which he was

pleading guilty. Applicant was charged by indictment for the offense of engaging in organized

criminal activity, with the most serious underlying offense being aggravated robbery, a first degree

felony. Pursuant to Section 71.02(b) of the Texas Penal Code, the offense of engaging in organized
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criminal activity is one degree higher than the most serious underlying offense. If the most serious

underlying offense is a first degree felony, the punishment range for the engaging in organized

criminal activity is 15 to 99 years’ or life imprisonment, pursuant to Section 71.02(b)(3). In this

case, the indictment also alleged a single prior felony conviction for purposes of punishment

enhancement. However, there is no specific statute authorizing further punishment enhancement for

a first degree felony with a 15-year minimum sentence. Applicant was admonished as to the

punishment range for a habitual felony under Section 12.42(d) of the Texas Penal Code, and the

judgment of conviction indicates that Applicant pleaded true to and the trial court found true two

prior felony enhancement paragraphs.

Based on the record, the trial court has determined that Applicant’s plea was involuntary

because the parties all erroneously believed that the punishment range applicable to Applicant’s

charge was 25-99 years’ or life imprisonment. The trial court finds that Applicant was misled by the

admonishments given and believed that he was pleading guilty in exchange for the minimum

available sentence, and that his plea was not knowingly, voluntarily or intelligently entered as a

result.

Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in cause

number F-20-00586-V in the 292nd District Court of Dallas County is set aside, and Applicant is

remanded to the custody of the Sheriff of Dallas 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.
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Delivered: February 8, 2023
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