Legal Opinion

Shankle, Bruce Wayne

Court of Criminal Appeals of Texas

Decided November 5, 2003No. PD-2031-01Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 2031-01

BRUCE WAYNE SHANKLE, Appellant

v.

THE STATE OF TEXAS

ON DISCRETIONARY REVIEW

FROM THE THIRD COURT OF APPEALS

BELL COUNTY

Womack, J., delivered the unanimous opinion of the Court.

When a defendant pleads guilty to one offense pursuant to a plea-bargain agreement by which the State consented to an unadjudicated offense's being taken into account in assessing punishment, is the sentence for the offense a "punishment recommended by the prosecutor" for purposes of the rule that limits the right of plea-bargainers to appeal? We hold that it is.

Proceedings…

2Cases cited5 opinions

  1. Vidaurri v. StateCourt of Criminal Appeals of Texas · 2001
  2. Ditto v. StateCourt of Criminal Appeals of Texas · 1999
  3. Cruz v. StateCourt of Criminal Appeals of Texas · 1975
  4. Shankle v. State, Texas Court of Appeals, 3rd District (Austin)2001
  5. Mallard v. TompkinsCourt of Appeals of Tennessee · 2000

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