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Crystal May v. the State of Texas

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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.

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