Hwang v. State

Full title: SONG BUN HWANG, Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Mar 25, 2004

No. 05-02-01948-CR (Tex. App. Mar. 25, 2004)

Opinion

No. 05-02-01948-CR.

Opinion Filed March 25, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the 204^th Judicial District Court Dallas County, Texas, Trial Court Cause No. F01-00558-Q. Reverse and Remand.

Before Justices MORRIS, WRIGHT, and RICHTER.

MEMORANDUM OPINION

CAROLYN WRIGHT, Justice.

Song Bun Hwang challenges her conviction for trademark counterfeiting. In two issues, appellant contends we must reverse her conviction because (1) the trial court failed to adequately admonish her regarding the consequences of her plea, and (2) she received the ineffective assistance of counsel. We sustain appellant's first issue, reverse the trial court's judgment, and remand for further proceedings. In Hwang v. State, 05-02-01805-CR, (Tex. App.-Dallas March 25, 2004, n.p.h.), this Court determined the trial court reversibly erred by not informing appellant's husband that a guilty plea could result in his deportation. Id. at 7. We concluded that although the record contained opaque references to deportation, the record did not contain any indication appellant's husband was ever informed about the specific consequences of his plea. Thus, we concluded the record was "silent" and supported the inference that appellant's husband did not know the deportation consequences of his plea. Id. at 6. Appellant was tried with her husband and raises the identical issues on appeal. Therefore, for the reasons discussed in Hwang, we reverse the trial court's judgment and remand for further proceedings.