Garland v. State

The court of appeals held that appellant’s negotiated plea of nolo contendere was involuntary and that his sentence was illegal. We reverse.

Our discussion begins with a review of the relevant facts. On December 19, 2001, a Bexar County grand jury presented an indictment that charged appellant with two second-degree felonies, to wit: sexual assault (Count I) and indecency with a child (Count II). See Tex. Pen.Code §§ 21.11(a)(1) & 22.011(a)(2)(A). For purposes of punishment enhancement, the indictment also alleged, in three separate paragraphs, that appellant had three prior felony…