Opinion
NO. WR-85,267-01
10-18-2017
EX PARTE DICHELLE MONIQUE KNOX, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W199-80215-08-HC IN THE 199 DISTRICT COURT FROM COLLIN COUNTY Per curiam. OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of a controlled substance and sentenced to two years' imprisonment. She did not appeal her conviction.
Applicant contends, among other things, that her counsel at the adjudication proceedings misadvised her of the appropriate punishment range, causing her plea of "true" to be involuntary.
The trial court has determined that trial counsel's performance was deficient and that such deficient performance prejudiced Applicant. Relief is granted on this issue. Relief on Applicant's other claims is denied. The judgment adjudicating guilt in Cause No. 199-80215-08 in the 199 District Court of Collin County is set aside, and Applicant is remanded to the custody of the Sheriff of Collin County to answer the charges as set out in the motion to adjudicate. The trial court shall issue any necessary bench warrant within 10 days after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: October 18, 2017
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