Cortez v. State
Cortez v. State
Opinion of the Court
OPINION
Without having entered into a plea bargain agreement, Appellant Ruby Wagner Cortez pled guilty to driving while intoxicated (“DWI”) and pled true to the enhancement allegation that she had been previously convicted of DWI. The trial judge found her guilty and found the enhancement allegation to be true. The judge sentenced her to 365 days’ confinement, probated for two years, fined her $100, and ordered her to serve 15 days in jail as a condition of her community supervision.
Appellant brings a single point on appeal, arguing that the trial court erred in denying her motion for new trial. She claims her plea was involuntary because she believed that she had entered into a plea bargain agreement that did not include jail time. Any one of three grounds would be sufficient to overrule her point.
First, the trier of fact, in this case the trial judge, was in a better position than are we to evaluate the credibility of Appellant’s testimony that she believed she was entering into a plea bargain agreement and did not know what an open plea was.
Second, the Code of Criminal Procedure requires confinement as a condition of community supervision for all DWI subsequent offenders.
Third, because community supervision is a contractual relationship between the trial court and the offender,
The Code of Criminal Procedure provides, “The judge of the court having jurisdiction of the case ... may, at any time, during the period of community supervision alter or modify the conditions.”
. See Cantu v. State, 930 S.W.2d 594, 596 (Tex.Crim.App. 1996).
. See Jones v. State, 850 S.W.2d 223, 227 (Tex.App. — Fort Worth 1993, pet. ref’d).
. Act of May 29, 1993, 73 3rd Leg., R.S., ch. 900, § 4.01, 1993 Tex.Gen. Laws 3586, 3728 amended by Act of May 29, 1995, 74 th Leg., R.S., ch. 318, § 55, 1995 Tex.Gen. Laws 2734, 2751-52 (current version at TexCode Crim. Proc, Ann. art. 42.12, § 13(a) (Vernon Supp. 1998)).
. See Bradley v. State, 564 S.W.2d 727, 729 (Tex.Crim.App. 1978); Bowen v. State, 649 S.W.2d 384, 386 (Tex.App. — Fort Worth 1983, pet. ref'd).
. See Act of May 29, 1993, 73 rd Leg., R.S., ch. 900, § 4.01, 1993 Tex.Gen. Laws 3586, 3725 amended by Act of April 25, 1995, 74 th Leg., R.S., ch. 76, § 3.08, 1995 Tex.Gen. Laws 458, 464 (current version at TexCode Crim Proc. Ann. art. 42.12, § 11(a) (Vernon Supp. 1998)); Me-
. See McDonald, 442 S.W.2d at 387.
. Act of May 29, 1993, 73 3rd Leg., R.S., ch. 900, § 4.01, 1993 Tex.Gen. Laws 3586, 3725 amended by Act of April 25, 1995, 74 th Leg., R.S., ch. 76, § 3.08, 1995 Tex.Gen. Laws 458, 464 (current version at Tex.Code Crim. Proc. Ann. art. 42.12, § 11(a) (Vernon Supp. 1998)); see Cobb v. State, 851 S.W.2d 871, 874 (Tex.Crim.App. 1993).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.