Legal Opinion
Lewis, Darren D.
Court of Criminal Appeals of Texas
Decided September 27, 2017No. WR-83,458-01 & -02PublishedCited by 7 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KeaslerKeasler, J.
Darren Lewis pleaded guilty to obtaining a controlled substance “through the use of a fraudulent prescription form” and was sentenced to five years’ imprisonment. 1 However, Lewis’s lawyer never told him that, under our opinion in Avery v. State, 2 the prosecution would be unable to meet its burden to prove this offense as alleged. We hold that Lewis’s plea was invalid, given upon deficient advice.
I. FACTS AND PROCEDURAL POSTURE
Lewis was charged by felony indictment with obtaining a controlled substance through the use of: a fraudulent prescription form, “made without the authority and…
3Cases cited11 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Hill v. LockhartSupreme Court of the United States · 1985
- Thompson v. StateCourt of Criminal Appeals of Texas · 1999
- Ex Parte ChandlerCourt of Criminal Appeals of Texas · 2005
- Mable, KendrickCourt of Criminal Appeals of Texas · 2014
6 more not listed; retrieve them via the Exa API.
4Cited by7 opinions
- Ex Parte Raul Alvarez, Texas Court of Appeals, 3rd District (Austin)2019
- Dakota Beal v. the State of Texas, Texas Court of Appeals, 11th District (Eastland)2024
- Delfino Gonzalez v. State, Texas Court of Appeals, 3rd District (Austin)2020
- Ex Parte Ram Kumar Samal, Texas Court of Appeals, 2nd District (Fort Worth)2021
- Falk, John Ray Jr.Court of Criminal Appeals of Texas · 2021
2 more not listed; retrieve them via the Exa API.