Hern v. State

The majority correctly holds that appellant’s sentence was void because the punishment was not authorized by law. However, that fact alone does not defeat appellant’s jeopardy claim. In this case, the original sentence of twenty years was the result of a plea bargain agreement. When a sentence not authorized by law is derived through a plea bargain agreement, the proper remedy is to return the parties to their original positions. Heath v. State, 817 S.W.2d 335, 337 (Tex.Cr.App.1991) (citing Shannon v. State, 708 S.W.2d 850 (Tex.Cr.App.1986)). Cf., Levy v. State, 818 S.W.2d 801, 803…