Gaal v. State

OPINION

George Gaal appealed his felony conviction for driving while intoxicated, contending that the trial judge should have been recused for stating — before hearing any evidence — that the only plea bargain he would accept would be for the maximum sentence. The court of appeals agreed. It held that by “arbitrarily foreclosing the possibility of any plea bargain other than one for the maximum punishment,” the trial judge had forecast his inability to consider the full range of punishment and thereby denied appellant due process. 1 The State challenges the appellate court’s interpretation of…