State v. Evans

OPINION

VANCE, Justice.

Evans entered into a plea agreement with the State and pled “no contest” to the felony offense of aggravated assault on a peace officer. See Tex.Penal Code Ann. § 22.02 (Vernon Supp.1991). The agreement was approved by the court, and Evans was sentenced to eight years in prison, the recommended punishment. Five days later, Evans filed a “Motion to Withdraw Plea of Nolo Contendere.” The court held a hearing, granted the motion, and vacated the judgment and sentence. The State appealed. Because we hold that the court erred in granting Evan’s motion, the original judgment…