Ortiz v. State

OPINION

DORSEY, Justice.

This appeal involves the trial judge accepting a plea of guilty pursuant to a plea bargain agreement, but later rejecting the agreement. The principal issue is whether jeopardy attaches, so as to bar a subsequent prosecution, when the judge announces he accepts a plea of guilty pursuant to a plea bargain agreement and later, when punishment is to be assessed, rejects the earlier plea and allows it to be withdrawn. We hold a subsequent prosecution is not barred; however, we reform the judgment on other grounds and, as reformed, affirm.

Appellant pled nolo contendere to…