X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

Crystal May appeals her conviction, pursuant to a plea bargain, for aggravated assault with a deadly weapon. Based on the State’s recommendation, the trial court suspended Appellant’s four-year prison sentence in favor of four years’ community supervision. On appeal, Appellant raises a single issue in which she argues defense counsel was constitutionally ineffective causing her to enter her plea involuntarily.

Appellant was indicted for aggravated assault with a deadly weapon. Appellant initially elected to have a jury determine her guilt or innocence, and to have the trial court determine her punishment in the event she was convicted. After the jury began deliberations, defense counsel informed Appellant and the court that he mis-advised his client regarding her sentencing election in this case. Counsel admitted that he had mistakenly advised Appellant to elect to be sentenced by the court despite the fact that Article 42.12, Section 3g(a)(2) of the Texas Code of Criminal Procedure prohibits a trial judge from placing a felony defendant on community supervision if the verdict includes a deadly weapon finding. See Tex.Code Crim.Proc.Ann. art. 42.12, § 3g(a)(2)(West Supp 2010). Appellant’s motion for mistrial was denied, and she immediately agreed to accept a plea agreement which had been on file in the district attorney’s office.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›

East Brunswick Law firm concentrating in plaintiff's personal injury, employment law, medical malpractice and worker's compensation seeks an...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›