Legal Opinion

Shankle v. State

Court of Criminal Appeals of Texas

Decided November 5, 2003No. 2031-01PublishedCited by 356 opinions

1Opinion of the Court

WOMACK, J.,

delivered the unanimous opinion of the Court.

When a defendant pleads guilty to one offense pursuant to a plea-bargain agreement by which the State consented to an unadjudicated offense’s being taken into account in assessing punishment, is the sentence for the offense a “punishment recommended by the prosecutor” for purposes of the rule that limits the right of plea-bargainers to appeal? We hold that it is.

Proceedings in the Courts Below

According to a police officer’s affidavit in the clerk’s record of this case, on August 15, 1999, the appellant entered the “home” of a girl…

2Cases cited5 opinions

  1. Cooper v. StateCourt of Criminal Appeals of Texas · 2001
  2. Vidaurri v. StateCourt of Criminal Appeals of Texas · 2001
  3. Ditto v. StateCourt of Criminal Appeals of Texas · 1999
  4. Cruz v. StateCourt of Criminal Appeals of Texas · 1975
  5. Shankle v. State, Texas Court of Appeals, 3rd District (Austin)2001

3Cited by356 opinions

  1. Anderson v. StateCourt of Criminal Appeals of Texas · 2006
  2. Waters v. State, Texas Court of Appeals, 14th District (Houston)2003
  3. Kennedy v. StateCourt of Criminal Appeals of Texas · 2009
  4. Stanley Deon Harper v. State, Texas Court of Appeals, 2nd District (Fort Worth)2019
  5. Carender v. State, Texas Court of Appeals, 5th District (Dallas)2005

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