Legal Opinion

Threadgill v. State

Texas Court of Appeals, 1st District (Houston)

Decided October 9, 2003No. 01-03-00288-CRPublishedCited by 79 opinions

1Opinion of the Court

OPINION

2Per curiam

The trial court’s certification of the defendant’s right of appeal in the above-referenced case reads, “the defendant has no right of appeal because he pled guilty or no contest pursuant to a plea bargain.” According to the record, this is correct.

Appellant pleaded guilty to aggravated sexual assault. The plea agreement was a 20-year cap on punishment. The trial court sentenced appellant to confinement for 15 years. Other courts of appeals have held that an agreement to a punishment cap is a plea agreement within the meaning of Rule 25.2 of the Texas Rules of Appellate Procedure.…

3Cases cited5 opinions

  1. Delatorre v. State, Texas Court of Appeals, 3rd District (Austin)1997
  2. Morfin v. State, Texas Court of Appeals, 4th District (San Antonio)2000
  3. Lemoins v. State, Texas Court of Appeals, 9th District (Beaumont)2001
  4. Carlton v. State, Texas Court of Appeals, 6th District (Texarkana)2002
  5. McCowan v. State, Texas Court of Appeals, 5th District (Dallas)1996

4Cited by79 opinions

  1. Waters v. State, Texas Court of Appeals, 14th District (Houston)2003
  2. Stanley Deon Harper v. State, Texas Court of Appeals, 2nd District (Fort Worth)2019
  3. Estrada v. State, Texas Court of Appeals, 1st District (Houston)2004
  4. Barcenas v. State, Texas Court of Appeals, 1st District (Houston)2004
  5. Menjivar v. State, Texas Court of Appeals, 1st District (Houston)2007

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