Pena v. State

Opinion by

Justice YÁÑEZ.

I must concur in the result reached by the majority. After the agreement was read into the record by the State at the hearing, defense counsel examined appellant. Counsel inquired, “Are you asking this court to impose a condition of continued probation instead of a sentence of prison?” Appellant answered, ‘Yes.” This question and answer are open to two different interpretations. One interpretation is that defense counsel and appellant were pleading with the trial court to assign a lesser punishment than was contemplated by the agreement. As the trial court is…