Otero v. State

OPINION

DORSEY, Justice.

Appellant complains that the trial court erred in refusing to follow the State’s punishment recommendation in accordance with a plea bargain agreement. The issue is whether the trial court must follow such a recommendation, or allow the plea to be withdrawn. We hold it must and reverse.

Appellant pleaded guilty to murder on April 1, 1987. The trial court asked appellant if he was pleading guilty because he was guilty and not for any other reason. Appellant said that was correct and that no one made any promises to make him plead guilty. He also said that he was not…