Bitterman v. State

OPINION ON REMAND

FELIPE REYNA, Justice.

Earl Owen Bitterman pleaded guilty to aggravated sexual assault. Pursuant to a plea bargain, the State recommended five years’ confinement but agreed to stand mute on Bitterman’s motion for deferred adjudication community supervision. The court sentenced him to five years’ imprisonment. Bitterman contends in two issues that: (1) the State breached the parties’ plea agreement; and (2) the court abused its discretion by permitting his motion for new trial to be overruled by operation of law. We will reverse and remand.

On original submission, a majority of…