State v. Kanapa

OPINION

MIRABAL, Justice.

On June 1, 1979, upon appellee’s plea of nolo contendere without an agreed recommendation from the State, the trial court found appellee, Carol Ann Kanapa, guilty of misdemeanor theft. The trial court sentenced appellee to 30 days confinement in the Harris County jail and a fine of $250 and probated the sentence for a period of six months, after which time appellee was discharged from probation, having successfully complied with its terms and conditions.

Approximately 10 years later, on May 26, 1989, appellee filed an application for writ of habeas corpus, claiming she…