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Renfro, James
Citation: Not availableDocket: WR-95,035-01
Court: Court of Criminal Appeals of Texas; November 1, 2023; Texas; State Appellate Court
Original Court Document: View Document
Applicant James Renfro pleaded guilty to continuous sexual abuse of a child and received a thirty-year prison sentence without appealing the conviction. He subsequently filed a writ of habeas corpus, claiming his plea was involuntary due to a misunderstanding about the plea bargain, specifically regarding the punishment range and parole eligibility. Renfro argued that the trial court misadvised him about his parole eligibility during the plea hearing, leading him to believe he could be eligible for parole after serving half of his sentence, while in fact, he was ineligible for parole and had to serve his sentence day-for-day. Renfro also contended that his trial counsel was ineffective for providing incorrect advice about the plea and failing to correct the court's erroneous statements. The trial court recommended denying relief based on laches or merits; however, the Court of Criminal Appeals disagreed and found that laches should not prevent relief. The Court determined that Renfro's plea was indeed involuntary, supported by the plea hearing transcript, which indicated that both the trial counsel and the State failed to correct the trial court's misadvice. The Court ruled that had Renfro been correctly informed about his parole eligibility, he would have opted for a jury trial instead of accepting the plea. Consequently, the judgment in the underlying case was set aside, and Renfro was ordered to return to custody to face the original charges. The trial court was directed to issue any necessary warrants within ten days, with copies of the opinion to be sent to the Texas Department of Criminal Justice and the Board of Pardons and Paroles.