Texas Woman granted relief that some Texas Judges fought.

  The following Texas Court of appeal Judges that dissented in the following womans case are hereby Publicly admonished. Judge Yeary and Judge Keel and Slaughter are hereby admonished. ( This woman would not have agreed to a plea that even her attorney admitted a mistake.

2023 WL 6852361

Only the Westlaw citation is currently available.

NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

Court of Criminal Appeals of Texas.

EX PARTE Lasha Eileen SPACEK, Applicant

NO. WR-95,058-01

Delivered: October 18, 2023

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

Attorneys and Law Firms

Aaron Seymour, for Applicant.

DISSENTING OPINION

Keller, P.J., filed a dissenting opinion in which Yeary, Keel and Slaughter, JJ., joined.

*1 The trial court stacked Applicant's sentences. She claims that her plea was involuntary because she would have accepted the State's plea offer if she had known her sentences could be stacked. Trial counsel acknowledges that he told Applicant the sentences would run concurrently, and he says she would have accepted the plea offer if he had correctly advised her. The Court grants Applicant a new trial.

But after Applicant filed this writ application, the trial court entered a nunc pro tunc order ordering that the sentences run concurrently. It appears that Applicant has received the sentence she thought she would receive, and her involuntary-plea claim now must fail. I would dismiss the application as moot.

I respectfully dissent.

All Citations

--- S.W.3d ----, 2023 WL 6852361 (Mem)