Ex parte Andrew Argent (Original)
Annotate this CaseAfter rejecting a plea bargain of eight years imprisonment, the applicant pleaded guilty in open court and was convicted of aggravated sexual assault and indecency with a child by contact. The judge assessed punishment of twenty years' confinement for each charge, to run concurrently. The applicant filed two applications for writs of habeas corpus alleging that constitutionally ineffective assistance of counsel caused him to reject the State's plea-bargain offer. The judge of the convicting court found that trial counsel incorrectly told the applicant that he was eligible for judge-ordered community supervision and shock probation, when only a jury's verdict recommending probation could result in shock probation and the judge could order only deferred adjudication. The ultimate issue before the Supreme Court in this case was the determination of the correct standard for granting habeas-corpus relief for ineffective assistance of counsel in plea bargaining. The U.S. Supreme Court addressed the Sixth-Amendment standard for determining prejudice in cases of ineffective assistance of counsel during the plea-bargaining process, the implications of that decision impacted the Texas Court's review of this case. After further review, the Texas Court held that to establish prejudice in a claim of ineffective assistance of counsel in which a defendant is not made aware of a plea-bargain offer, or rejects a plea-bargain because of bad legal advice, the applicant must show a reasonable probability that: (1) he would have accepted the earlier offer if counsel had not given ineffective assistance; (2) the prosecution would not have withdrawn the offer; and (3) the trial court would not have refused to accept the plea bargain. This case was remanded to the habeas court so that it could make findings consistent with the Court's opinion.
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