Phillips v. State

OPINION

WALKER, Chief Justice.

This is an out-of-time appeal based on the granting of a Writ of Habeas Corpus by the Court of Criminal Appeals on April 25, 1990. Appellant had entered a plea of guilty on April 24, 1989 to the felony offense of Aggravated Sexual Assault. There was no plea bargain recommendation as to punishment other than the State agreeing to make no recommendation. Pri- or to his guilty plea in April, appellant had filed a sworn “Application For Probated Sentence” on December 5, 1988 evidencing the fact that appellant was eligible for probation. Appellant’s sentencing hearing…