Morgan v. State

This petition for discretionary review requires us to examine the long smoldering conflict between the cases dealing with the right to appeal the rulings on pre-trial motions under Article 44.02, V.A.C.C.P., where there has been a plea of guilty or nolo contendere before the court and a plea bargain as to punishment approved by the court.

The appeal is from a conviction for possession of methamphetamine. Conviction was on a plea of guilty before the court to the primary offense, and a plea of “true” to a prior felony conviction alleged for the purpose of enhancement of punishment. Punishment…