State v. Evans

OPINION ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW

BENAVIDES, Judge.

Bernard Vince Evans was indicted for the offense of aggravated assault on a police officer. See Tex.Penal Code Ann. § 22.02 (Vernon Supp.1991). Evans entered into a plea agreement with the State and pled nolo contendere to the felony charge. After approving the agreement, the trial court recorded the judgment of guilt and sentence of eight years in prison on the docket sheet of the cause and initialed the notation. 1

Five days later, Evans reconsidered his plea and filed a “Motion to Withdraw Plea of Nolo Contendere.” The…