Spacek, Lasha Eileen

• Court: Court of Criminal Appeals of Texas
• Decided: October 18, 2023
• Docket: WR-95,058-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,058-01

EX PARTE LASHA EILEEN SPACEK, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR-19-1300-D-WHC IN THE 428TH DISTRICT COURT FROM HAYS COUNTY

Per curiam. KELLER, P.J. filed a dissenting opinion, joined by Y EARY, KEEL, and SLAUGHTER, JJ.

OPINION

Applicant pleaded guilty to theft and was sentenced to two years’ imprisonment in a state jail.

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 failed to inform her

that this sentence could be stacked on one she was already serving. The affidavit from trial counsel

states that he affirmatively misadvised Applicant that any sentence from a jury would run

concurrently, which caused the defense to reject a plea offer from the State.

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 CR-19-1300-D in the 428th District Court

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

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Delivered: OCTOBER 18, 2023 Do not publish