Ex parte Michael Anderson

Summary

The Texas Court of Criminal Appeals granted habeas corpus relief to Michael Anderson, concluding that his guilty plea was involuntary because counsel advised him to seek shock probation despite his ineligibility. The court set aside the judgment for indecency with a child by exposure and remanded Anderson to the custody of the Brazos County Sheriff to answer the indictment.

Holdings

1. A guilty plea is involuntary when counsel advises the defendant to enter the plea for shock probation even though the defendant is legally ineligible for shock probation, because that advice falls outside the range of competence.
2. Habeas relief is warranted, the judgment must be set aside, and the applicant must be remanded to custody to answer the charges in the indictment when the guilty plea was involuntary because of counsel's legally incompetent plea advice.

Questions Presented

1. Whether Applicant's guilty plea was involuntary because counsel advised him to plead for shock probation when he was legally ineligible for shock probation.
2. Whether the judgment should be set aside and Applicant remanded to answer the charges in the indictment.

Disposition

writ_granted