Saturday, May 3, 2008

Juvenile's conviction thrown out - Plea was not truly voluntary in light of misinformation

Both the Defendant and the Trial Court in Apparent Need of Correction and Proper Admonishment

In the Matter of T.W.C., Jr. (Tex.App.- Houston [1st Dist.] Apr. 24, 2008) (Radack) (juvenile, erroneous admonishment)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice RadackBefore Chief Justice Radack, Justices Jennings and Bland
01-06-01150-CV In The Matter of T.W.C., Jr.Appeal from County Court at Law No 2 & Probate Court of Brazoria County Trial Court Judge: Hon. Mark Holder

Based on the record before us, we hold that, like the defendant in Smith, appellant has met his burden of showing that he was misled by the trial court's admonishment that he faced 40 years' punishment and that, but for his misunderstanding as to the true range of punishment, he would not have entered a guilty plea. Accordingly, we sustain appellant's second issue on appeal. In light of our disposition, we need not decide whether appellant also received ineffective assistance of counsel, and we decline to do so.


We reverse the judgment of the trial court and remand the cause for further proceedings.

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