The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,058-01
EX PARTE LASHA EILEEN SPACEK, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR-19-1300-D-WHC IN THE 428TH DISTRICT COURT
FROM HAYS COUNTY
Per curiam. KELLER, P.J. filed a dissenting opinion, joined by Y EARY, KEEL, and
SLAUGHTER, JJ.
OPINION
Applicant pleaded guilty to theft and was sentenced to two years’ imprisonment in a state jail.
Applicant filed this application for a writ of habeas corpus in the county of conviction, and the
district clerk forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends that her plea was involuntary because trial counsel failed to inform her
that this sentence could be stacked on one she was already serving. The affidavit from trial counsel
states that he affirmatively misadvised Applicant that any sentence from a jury would run
concurrently, which caused the defense to reject a plea offer from the State.
Relief is granted. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781
2
(Tex. Crim. App. 2013). The judgment in cause number CR-19-1300-D in the 428th District Court
of Hayes County is set aside, and Applicant is remanded to the custody of the Sheriff of Hayes
County to answer the charges as set out in the indictment. The trial court shall issue any necessary
bench warrant within ten days from the date of this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Delivered: OCTOBER 18, 2023
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