Court of Criminal Appeals of Texas

Ex Parte Willie James Battle, Applicant

October 16, 19911991 Tex. Crim. App. LEXIS 209

Summary

The Court held that the defendant's plea was not voluntarily and knowingly entered because his counsel gave erroneous advice regarding eligibility for probation, constituting ineffective assistance of counsel; therefore the trial court's judgment was vacated and the case remanded for withdrawal of the plea and repleading. Justice Campbell, in a concurring note, agreed that the facts support relief on the basis of an involuntary plea.