Legal Opinion

Dears v. State

Court of Criminal Appeals of Texas

Decided January 26, 2005No. PD-1963-03PublishedCited by 2,728 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · KeaslerKeasler, J.

in which MEYERS, PRICE, WOMACK, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Barbara Ann Dears entered open pleas of guilty but later bargained for a five-year sentence in exchange for her pleas of true to the State’s revocation motions. The trial judge certified that she had no right to appeal since there were plea bargains and the Court of Appeals dismissed the appeals. We conclude that these certifications are defective and these cases do not fall within the rule prohibiting appeal in plea bargains.

Procedural History

Dears was initially indicted for a theft occurring in March 1999. She…

3Cases cited8 opinions

  1. Olivo v. StateCourt of Criminal Appeals of Texas · 1996
  2. Daniels v. State, Texas Court of Appeals, 4th District (San Antonio)2003
  3. White v. StateCourt of Criminal Appeals of Texas · 2001
  4. Stowe v. State, Texas Court of Appeals, 8th District (El Paso)2003
  5. Harris v. State, Texas Court of Appeals, 10th District (Waco)2004

3 more not listed; retrieve them via the Exa API.

4Cited by2,728 opinions

  1. Menefee v. StateCourt of Criminal Appeals of Texas · 2009
  2. Greenwell v. COURT OF APP. THIRTEENTH JUD. DIST.Court of Criminal Appeals of Texas · 2005
  3. Wiley, Sam Jr.Court of Criminal Appeals of Texas · 2013
  4. State v. DunbarCourt of Criminal Appeals of Texas · 2009
  5. Cortez, Damien HernandezCourt of Criminal Appeals of Texas · 2013

2,723 more not listed; retrieve them via the Exa API.

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