Donald Barnes v. State of Texas

I respectfully dissent. I first note that the State agrees Barnes should receive a new trial, and neither party questions our jurisdiction. Nevertheless, I do not quarrel with the majority reviewing the question of this court’s jurisdiction. However, I disagree with their determination in part.

Because Barnes appeals from a judgment rendered on a plea of guilty pursuant to a plea bargain agreement, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant, we must consider whether Barnes’s notice of appeal is sufficient to confer…