Scott v. State

OPINION

HUTSON-DUNN, Justice.

Appellant, Shannon Neil Scott, was indicted on October 19, 1994 for the offense of auto theft under former section 31.03(e)(4)(A) of *41the Penal Code. Appellant committed the theft on July 3, 1994. Appellant’s attorney asked the trial court, off the record, to punish him under the amended Penal Code for a state jail felony, which became effective September 1, 1994. The trial court denied his request. Appellant plead guilty to the offense and true to the indictment and its enhancement paragraph. The guilty plea was entered in conjunction with an agreed recommendation…