Ex Parte Gibauitch

We seem to be disposing of each cause implicating ramifications of our decision in Ex parte Crisp, 661 S.W.2d 944 (Tex.Cr.App.1983), on an ad hoc basis. Thus Smith won because he swore that had he known the maximum punishment later found to be available was one half of what he was told it was he would not have entered into a plea bargain “based on the wrong range of punishment.” Ex parte Smith, 678 S.W.2d 78 (Tex.Cr.App.1984). Hurwitz lost because he entered into a plea bargain based on one range of punishment or another — no one knew for sure which would ultimately turn out to be correct —…