Harrelson v. State

OPINION

OSBORN, Justice.

Charles V. Harrelson was convicted upon his plea of nolo contendere before the court *456for the offense of possession of cocaine, enhanced by a prior felony conviction, and sentenced to forty years imprisonment. Because of the error of the trial court in accepting a nolo contendere plea conditioned upon the Appellant’s right to appeal the trial court’s ruling on certain pretrial motions, in a case which did not come within the criteria of Article 44.02, Tex.Code Crim.Pro.Ann., the conviction is reversed and the case remanded for a new trial.

On August 31, 1980, law…