Date: 01-29-2017

Case Style:

Case Number: 04-16-00103-CR

Judge: Sandee Bryan Marion

Court: Fourth Court of Appeals San Antonio, Texas

Plaintiff's Attorney:

Nicholas A. LaHood
Andrew Warthen  

Defendant's Attorney:

Jaime Aldape

Description: At the plea hearing, appellant pled no contest to the charge of prostitution with three or
more priors. Before the hearing, appellant signed the appropriate plea paperwork, which stated,
in part, “[i]f the Court rejects the plea agreement, the Defendant shall be permitted to withdraw
the plea of guilty/nolo contendere and no statement or other evidence received during such hearing
on the plea of guilty/nolo contendere may be admitted against Defendant on the issue of guilt or
punishment in any subsequent criminal proceedings.” Under the plea agreement, punishment was
assessed at three years’ confinement and a $1,500 fine. At the end of the plea hearing, the trial
court found the evidence sufficient to establish a finding of guilt and set a date for the sentencing
hearing.
At the sentencing hearing, the trial court asked appellant if she wanted help with
overcoming her drug problem, and appellant said she wanted to continue her counseling at Haven
for Hope. The trial court said it would not order “that kind of help,” and offered appellant the
choice of three years’ confinement or inpatient drug treatment. Appellant chose the three years,
at which point the trial court stated
Okay. I’m not going to follow the plea bargain agreement here, and I’m going to accept your plea of no contest. And on this plea the Court finds sufficient evidence to find you guilty. I do find you guilty and sentence you to 10 years TDC; credit for time served.
he trial court then adjourned the hearing, providing appellant with no opportunity to
withdraw her plea. On appeal, appellant asserts, and the State agrees, the trial court abused its
discretion by rejecting the plea agreement without permitting appellant to withdraw her plea. We
also agree.
The Texas Code of Criminal Procedure requires a trial “court [to] inquire as to the existence
of a plea bargain agreement between the state and the defendant and, if an agreement exists, the
court shall inform the defendant whether it will follow or reject the agreement in open court and
before any finding on the plea.” TEX. CRIM. PROC. CODE ANN. art. 26.13(a)(2) (West Supp. 2016).
“Should the court reject the agreement, the defendant shall be permitted to withdraw the
defendant’s plea of guilty or nolo contendere . . . .” Id.; see also Absalon v. State, 460 S.W.3d
158, 162 (Tex. Crim. App. 2015) (“However, if the court rejects the agreement, the defendant is
then allowed to withdraw his guilty plea and the State may then withdraw its offer.”); Moore v.
State, 295 S.W.3d 329, 332 (Tex. Crim. App. 2009) (“If the trial court rejects the plea-bargain
agreement, the defendant is, as a matter of right, allowed to withdraw his guilty plea, and the state
may then withdraw its offer.”).
Because the trial court rejected the plea agreement and did not allow appellant to withdraw
her plea of no contest, we conclude the trial court erred.

Outcome: