Tarlton v. State

HOWELL, Justice.

Where the defendant appeals from a sentence based on a plea of guilty and the Court of Criminal Appeals remands “to the trial court for resentencing,” may the defendant thereafter seek to withdraw his plea on a showing that it was not intelligently entered into and voluntarily made? We hold that mandates of the Court of Criminal Appeals must be literally read and applied; only that court may interpret or amend its mandates in light of subsequent developments. The question just propounded must be answered “No”; the trial *14court was without power to permit withdrawal of the…