Court of Criminal Appeals of Texas

Ex Parte Billy K. Evans

May 22, 19851985 Tex. Crim. App. LEXIS 1393

Summary

The Court of Criminal Appeals of Texas denied the habeas petition, holding that erroneous advice regarding parole eligibility does not render a guilty plea involuntary. The majority reasoned that parole eligibility is speculative and not an essential element of the plea bargain. A dissent argued that such erroneous advice should make the plea involuntary and that the majority misapplied Brady and Boykin. The petition was denied and the lower court's decision affirmed.