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Ex parte Smith (1984) – Case Brief Summary (Texas)

In Ex parte Smith, 678 S.W.2d 78 (Tex. Crim. App. 1984), the defendant was admonished that he faced between two and 20 years' punishment and a fine not to exceed $ 10,000, when he actually faced between two and 10 years' punishment and a fine not to exceed $ 5000.

At a habeas corpus hearing, appellant presented uncontroverted evidence that he would not have entered the plea bargain if he had known that the maximum penalty he faced was one half of what he was told. Id.

Based on this evidence, the court found that Smith had met his burden of proving that his guilty plea was not knowingly and voluntarily entered. Id. at 79-80.