Gutierrez v. State

I respectfully dissent. The issue in this case is whether a defendant has a right to withdraw a plea of true to a motion to revoke community supervision when the trial court rejects the plea agreement. The majority holds that a defendant does have the right to withdraw a plea of true under these circumstances. I disagree for two reasons. First, there is no statutory authority giving a defendant the right to withdraw a plea of true. Second, appellant entered his plea of true voluntarily.

I. FACTS

Appellant earlier plead guilty to a felony and was fined and sentenced to ten years imprisonment…