Ex Parte Garet Johnson, 03-13-00726-CR

In Jan. 2006 Garet Johnson was arrested for misdemeanor DWI and felony possession of a controlled substance; one attorney represented him on both cases and negotiated plea deals.
May 17, 2007: Johnson pled guilty to attempted possession (reduced from felony possession).
June 29, 2007: Johnson pled nolo contendere to the DWI charge.
In 2012 Johnson filed an article 11.072 habeas application challenging only the DWI conviction, alleging trial counsel told him the drug-charge reduction required pleading to the DWI (i.e., the pleas were packaged).
At the habeas hearing, counsel, the felony prosecutor, and the DWI prosecutor testified there was no contingency or package deal; no notes or written plea documents showed any linkage.
The trial court found counsel did not misrepresent the plea terms, the felony reduction was not contingent on the DWI plea, and denied relief; the court of appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel’s alleged misrepresentation that the DWI plea was required to obtain a reduction of the felony drug charge rendered Johnson’s DWI plea involuntary (ineffective assistance of counsel)	Johnson: counsel told him he had to plead to the DWI to secure the felony-to-misdemeanor reduction, so his plea was involuntary.	State/trial court: testimony and files show no such contingency or misrepresentation; counsel’s performance was not deficient.	Court affirmed denial of habeas relief; trial court’s credibility findings supported that no ineffective assistance occurred and the plea was voluntary.

Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)
Hill v. Lockhart, 474 U.S. 52 (must show reasonable probability that, but for counsel’s errors, defendant would have pleaded differently)
Ex parte Garcia, 353 S.W.3d 785 (trial judge is sole factfinder in art. 11.072 proceedings)
Ex parte Richardson, 70 S.W.3d 865 (applicant bears burden by preponderance in postconviction habeas)
Ex parte Burns, 601 S.W.2d 370 (guilty plea involuntary if result of ineffective assistance)