Espino, Melissa Lynn

• Court: Court of Criminal Appeals of Texas
• Decided: January 31, 2024
• Docket: WR-95,403-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,403-01

EX PARTE MELISSA LYNN ESPINO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2011CR10458W1 IN THE 437TH DISTRICT COURT FROM BEXAR COUNTY

Per curiam.

OPINION

Applicant pleaded nolo contendere to prostitution – three or more priors and was originally

placed on deferred adjudication. Later, Applicant was adjudicated and sentenced to six months

imprisonment in State Jail. Applicant did not appeal her 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 that her plea was involuntary because trial counsel had an actual conflict

of interest. Based on the record, the trial court has determined that trial counsel’s performance was

deficient and that Applicant is entitled to relief. We agree.

Relief is granted. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781 2

(Tex. Crim. App. 2013). The judgment in cause number 2011CR10458 in the 437th District Court

of Bexar County is set aside, and Applicant is remanded to the custody of the Sheriff of Bexar

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Delivered: January 31, 2024 Do not publish