691 S.W.3d 628
Tex. Crim. App.2024Background
- Shanea Lynn Reeder was arrested for Unlawful Possession of a Firearm while serving deferred-adjudication community supervision for a prior felony.
- At the time of her arrest in February 2021, Reeder had not yet been adjudicated guilty of the underlying felony; the adjudication happened 181 days later.
- Reeder pled guilty to the firearm charge under a plea bargain, as did the State, trial court, and defense, all believing Reeder was a convicted felon.
- She was later sentenced on both the firearm and underlying drug offense, to run concurrently.
- Reeder filed a habeas corpus petition asserting she was not a convicted felon at the time of her firearm arrest.
- The Court of Criminal Appeals remanded to determine if any other felony convictions supported the plea; it was found there were none.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does deferred-adjudication community supervision equal felony conviction for firearm possession under Texas Penal Code § 46.04? | Reeder: Deferred adjudication is not a conviction. | State: Deferred adjudication should be treated as conviction. | Serving deferred adjudication is not a felony conviction for this statute. |
| Was Reeder's guilty plea voluntary and knowing? | Reeder: The plea was not knowing or voluntary. | State: The plea bargain process was properly followed. | The plea was involuntary due to a fundamental misunderstanding by all parties about the law and facts. |
| Is Reeder entitled to withdraw her guilty plea? | Reeder: She should be allowed to withdraw the plea. | State: No withdrawal is warranted. | Reeder can withdraw her plea; conviction is set aside. |
| Should the conviction for Unlawful Possession of Firearm stand? | Reeder: Conviction is improper; should be vacated. | State: Conviction should stand. | Conviction is vacated; judgment set aside. |
Key Cases Cited
- McNew v. State, 608 S.W.2d 166 (Tex. Crim. App. 1978) ("Conviction" always involves adjudication of guilt)
- Donovan v. State, 68 S.W.3d 633 (Tex. Crim. App. 2002) (Deferred adjudication does not have a finding of guilt)
- Boykin v. State, 818 S.W.2d 782 (Tex. Crim. App. 1991) (Text-first approach to statutory construction)
- Ex parte Barnaby, 475 S.W.3d 316 (Tex. Crim. App. 2015) (Guilty plea must be knowing, intelligent, and voluntary)
- Brady v. United States, 397 U.S. 742 (1970) (Guilty plea must be knowing and voluntary)
- McCarthy v. United States, 394 U.S. 459 (1969) (Due process requires guilty pleas to be knowing and voluntary)
- Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App. 2014) (Plea involuntary if parties misunderstood the law/facts relative to the charge)