Green v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

DUNCAN, Judge.

Rejecting his not guilty plea, a jury found the appellant guilty of aggravated kidnapping. Thereafter, with the consent of the State, as authorized by Art. 37.07, Sec. 2(b), V.A.C.C.P., the appellant withdrew his election to have the jury assess punishment. Then, in a rather unusual procedure identified by appellant’s counsel as a “plea bargain,” the State and the appellant agreed upon a punishment of ten years in the penitentiary. This was assessed by the trial court.

On direct appeal the Fourteenth Court of Appeals (Houston)…