The Texas Court of Criminal Appeals on Wednesday ruled that a woman who pleaded guilty to driving drunk and killing a mother and daughter in a crash involuntarily entered her plea before receiving a 50-year sentence.
Lissette Fuentes pleaded guilty in June 2018 to killing 75-year-old Elena Lopez Cantu and 45-year-old Maria Zulema Garcia in a crash in Escobares on June 12, 2016. Garcia’s husband was also seriously injured in the collision.
At the time of the crash, the Texas Department of Public Safety said Fuentes was traveling east on Highway 83 when she veered across the median and struck a Ford Crown Victoria driven by Garcia’s husband.
Both women died at the scene.
At her sentencing, visiting Judge Everado Garcia sentenced Fuentes to 20 years on each of the two counts of intoxication manslaughter, 10 years on a count of intoxication assault and 10 years for each of three counts of aggravated assault with a deadly weapon.
Garcia ordered Fuentes to serve each 20-year sentence consecutively while the remaining 10-year sentences would be served concurrently, meaning she received a total of 50 years in prison.
In a writ of habeas corpus, Fuentes argued that her plea was not voluntary because her trial attorney, J.M. “Chuy” Alvarez, failed to give competent advice and failed to review the evidence with her, according to the ruling.
“Based on the record, the trial court has determined that Applicant’s plea was involuntary due to the trial counsel’s failure to properly advise applicant,” the ruling said.
Fuentes is now being represented by attorney Gema L. Lopez from Texas Rio Grande Legal Aid, who filed the writ of habeas corpus in March.
In the ruling, the Texas Court of Criminal Appeals set aside the judgment and remanded her to the Starr County Sheriff’s Office to answer to the charges as set out in the indictment.
The Texas Department of Criminal Justice will receive the order.
Fuentes had been eligible for parole on one count of intoxication manslaughter, but since the two counts were stacked, she was denied parole Sept. 16, 2021.
She would have been eligible for another parole in September 2026, and had her sentence and conviction stayed in place, her maximum sentence would have ended Oct. 12, 2066.
