Legal Opinion
in Re State of Texas Ex Rel, Tharp, Jennifer
Court of Criminal Appeals of Texas
Decided November 14, 2012No. AP-76,916PublishedCited by 47 opinions
1Opinion of the CourtKeller, P.J.
in which KEASLER, HERVEY, COCHRAN, and ALCALÁ, JJ., joined.
The State seeks the issuance of a writ of mandamus to require a trial judge to submit the entire case — both guilt and punishment — to the jury after the defendant pled guilty to the jury. We shall grant relief.
I. BACKGROUND
A. Plea Proceedings
Cary Faulkner was charged with felony DWI.1 He reached an agreement with the State to plead guilty in exchange for a sentence of four years in prison, a $2000 fine, a two-year driver’s-license suspension, and a deadly-weapon finding. When the trial judge, the Honorable Dibbrell Waldrip, asked…
2Cases cited18 opinions
- State ex rel. Young v. Sixth Judicial District Court of Appeals at TexarkanaCourt of Criminal Appeals of Texas · 2007
- Drichas v. StateCourt of Criminal Appeals of Texas · 2005
- Polk v. StateCourt of Criminal Appeals of Texas · 1985
- Holland v. StateCourt of Criminal Appeals of Texas · 1988
- Hill v. StateCourt of Criminal Appeals of Texas · 1996
13 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- In Re STATE of Texas Ex Rel. David P. WEEKSCourt of Criminal Appeals of Texas · 2013
- Mau v. Third Court of Appeals (In Re State)Court of Criminal Appeals of Texas · 2018
- In Re the STATE of Texas Ex Rel. David P. WEEKS, Texas Court of Appeals, 10th District (Waco)2012
- in Re State of Texas Ex Rel. David Escamilla, Travis County Attorney, Texas Court of Appeals, 3rd District (Austin)2018
- Hoke Henry Eberhardt v. State, Texas Court of Appeals, 14th District (Houston)2014
42 more not listed; retrieve them via the Exa API.