Boyken, Laci Marie ( 2017 )


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  •               IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-87,091-01
    EX PARTE LACI MARIE BOYKEN, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 114-1161-15-A IN THE 114TH DISTRICT COURT
    FROM SMITH 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 engaging in
    organized criminal activity and sentenced to ten years’ imprisonment. She did not appeal her
    conviction.
    Applicant contends that trial counsel rendered her plea involuntary because he failed to
    advise her that she would not be eligible for parole until she served one half of her sentence.
    The trial court has determined that counsel’s conduct was deficient and Applicant was
    2
    prejudiced. Relief is granted. The judgment in cause number 114-1161-15-A in the 114th District
    Court of Smith County is set aside, and Applicant is remanded to the custody of the Sheriff of Smith
    County to answer the charges as set out in the indictment. 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:     November 15, 2017
    Do not publish
    

Document Info

Docket Number: WR-87,091-01

Filed Date: 11/15/2017

Precedential Status: Precedential

Modified Date: 11/20/2017