Lundgren v. State
Court of Appeals of Texas
1DissentLee Ann Dauphinot, Justice
I cannot join the majority’s thoughtful opinion and must respectfully dissent.
This court has repeatedly held that when a defendant is placed on community supervision, even as the result of a plea bargain, that defendant must file a motion for new trial to complain of conditions of community supervision, involuntariness of a negotiated plea, or ineffective assistance of counsel or that the punishment is infirm.1 Yet the majority now says that because Appellant entered into a negotiated plea and waived his right of appeal, he cannot do what we have told him he must do to preserve certain…
2Cases cited6 opinions
- Cooper v. StateCourt of Criminal Appeals of Texas · 2001
- Kim v. StateCourt of Appeals of Texas · 2009
- Ex Parte JohnsonCourt of Criminal Appeals of Texas · 2000
- Ruben James Edwards, Jr. A/K/A Ruben James Edwards v. State, Texas Court of Appeals, 2nd District (Fort Worth)2009
- Milburn v. StateCourt of Criminal Appeals of Texas · 2006
1 more not listed; retrieve them via the Exa API.