Has anyone done a recent reply brief to a defendant challenging an old DWI conviction to avoid getting enhanced on a recent one? The defendant lost the habeas challenge at the trial court level and is now at the Court of Appeals. He has raised the willingness and voluntariness of the plea, whether defendant waived his right to counsel, and the defendant's right to appointed counsel based on his (recent) claim of indigency. On our side, we have one line in the judgment paperwork saying that the plea was voluntary and some rather dumb statements by the defendant at the habeas hearing. We have this one and another on the way, so I would like to see what other people have done. My email is cspainhour@wilco.org.

Thanks.

Do you have the court reporter take down pleas?

John Bradley
District Attorney
Williamson County, Texas

I don't have the cases at hand, but to have a habeas on a misdemeanor, you must be presently incarcerated under CCP 11.09.

I don't think confinenment is required. Ex parte Schmidt, 109 S.W.3d 480 Tex.Crim.App.,2003.

Brother Merrit is correct. It is a convoluted opinion that never addresses why the statute really doesn't say what it says. Go figger.