Hoobler v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

The appellant was convicted after pleading guilty before the trial court to sexual assault. V.T.C.A., Penal Code Sec. 22.-011(a)(2)(A). There was no plea bargaining agreement between the appellant and the State, nor was a recommendation as to sentencing offered by the State to the trial court. The trial court assessed appellant’s punishment at ten years’ confinement in the Texas Department of Corrections.

On direct appeal the appellant argued that the state’s attorney did not consent in writing to the waiver of right to jury…