Legal Opinion · Dissent

Lundgren v. State

Court of Appeals of Texas

Decided August 22, 2013No. 02-12-00085-CRPublished

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

  1. Cooper v. StateCourt of Criminal Appeals of Texas · 2001
  2. Kim v. StateCourt of Appeals of Texas · 2009
  3. Ex Parte JohnsonCourt of Criminal Appeals of Texas · 2000
  4. Ruben James Edwards, Jr. A/K/A Ruben James Edwards v. State, Texas Court of Appeals, 2nd District (Fort Worth)2009
  5. Milburn v. StateCourt of Criminal Appeals of Texas · 2006

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API