Ex parte Malcolm Evans (original by judge keel)Annotate this Case
Applicant Malcolm Evans was charged with causing serious bodily injury to a child. After the State abandoned a deadly weapon allegation, he pled guilty with a 50-year cap, and the trial court sentenced him to 50 years in prison. Applicant claimed his plea was involuntary because his attorney misadvised him about the effect of a deadly weapon finding on his parole eligibility. He contended that if his attorney had correctly advised him, he would have insisted on going to trial. The habeas court found those claims to be true and recommended that the Court of Criminal Appeals grant relief. The Court of Criminal Appeals found the habeas court’s findings were supported by the record. The only issue presented, then, was whether the law as it existed when Applicant’s conviction became final entitled him to relief. The Court concluded it did.