Opinion
WR-93,810-01
05-03-2023
EX PARTE CYNTHIA KAYE WOOD, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1445251-A IN THE 351ST JUDICIAL DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM.
Applicant was convicted of attempted capital murder and sentenced to life imprisonment. The First Court of Appeals affirmed her conviction. Wood v. State, No. 01-16-00179-CR (Tex. App.-Houston [1st Dist.] Sep. 19, 2017). 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 guilty plea was involuntary because her trial counsel failed to investigate, and discuss with Applicant, the possible defense that she suffered from Factitious Disorder Imposed on Another ("FDIA") (previously known as Munchausen Syndrome). The trial court has determined that Applicant was not properly advised and that Applicant's guilty plea was involuntary.
However, based on our independent review of the entire record, this Court finds that Applicant has failed to meet her burden to show that her counsel's representation was deficient and show there is a reasonable probability that she would not have pled guilty and would have insisted on going to trial but for counsel's errors. Ex parte Morrow, 952 S.W.2d 530 (Tex. Crim. App. 1997). We deny relief.