State v. Mungia, Jeremy

OPINION

Opinion by

Justice DORSEY.

This is an appeal by the State of Texas from an order dismissing an indictment with prejudice. We affirm because of the specific and narrow circumstances of this case.

The appellee, Jeremy Mungia, plead guilty in a plea bargain in which he agreed to cooperate and testify against other gang members about a murder. The court accepted the plea of guilty and the State’s recommendation of ten years imprisonment, and then recessed, postponing the sentencing to ensure Mungia’s compliance with his agreement. After the pending trials were completed the parties returned…