CourtListener 10290180•Hoh, Spencer Sai Meng
Testo completo
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,035-01
EX PARTE SPENCER SAI MENG HOH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W219-81908-2021-HC IN THE 219TH DISTRICT COURT
FROM COLLIN COUNTY
Per curiam.
OPINION
Applicant was convicted of manslaughter and sentenced to twelve years’ imprisonment. The
judgment included an affirmative deadly weapon finding. Applicant filed this application for a writ
of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See
TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends that his plea was involuntary because he did not intend to plead guilty
to the use of a deadly weapon. Defense counsel and the prosecutor agree that they expressly excluded
a deadly weapon finding from this case as part of the plea bargain. Further, the trial judge did not
pronounce a deadly weapon finding in this case during the plea hearing. Based on the record, the trial
court has determined that the deadly weapon finding was not part of the negotiated plea and was
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erroneously included in the judgment.
Relief is granted. We order that the affirmative finding in cause number 219-81908-2021 in
the 219th District Court of Collin County be deleted from the judgment. Copies of this opinion shall
be sent to the Texas Department of Criminal Justice–Correctional Institutions Division and the
Board of Pardons and Paroles.
Delivered: November 27, 2024
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