Ex parte Alvin Royce Wells (Original)
Annotate this CaseIn these applications for post conviction writs of habeas corpus, applicant contended that he was denied effective assistance of counsel because his trial counsel misinformed him about the terms of a plea offer made by the State. Applicant argued that counsel was deficient for incorrectly conveying the terms of the State's plea offer and that, but for counsel's error, applicant more than likely would have accepted the offer. The court held that, although counsel did convey the State's plea offer to applicant, the information as to a deadly-weapon finding was incorrect and therefore, this constituted a deficient performance and satisfied the first prong of the Strickland v. Washington test. The court also held that applicant had suffered prejudice from counsel's deficient performance and therefore met the second prong of the Strickland test. Accordingly, relief was granted.
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