Miller v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for voluntary manslaughter. Punishment was assessed at six years.

In his only ground of error appellant contends the State violated a plea bargain agreement. Appellant entered a plea of nolo contendere in exchange for certain agreements by the prosecutor. One of the agreements was:

“... the State will stand mute on the punishment and will not oppose probation within the discretion of the court. The State will make no recommendation or argument as to punishment but can cross examine any witness produced by the defendant.” (Emphasis added.)

The…