Khyree Carson v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-15-00064-CR

KHYREE CARSON APPELLANT V.

THE STATE OF TEXAS STATE

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FROM THE 431ST DISTRICT COURT OF DENTON COUNTY TRIAL COURT NO. F-2014-0376-F ----------

CONCURRING MEMORANDUM OPINION1 ----------

I respectfully disagree with the majority’s conclusion that the holdings of Alford are inapplicable here because in Alford the trial court accepted Alford’s guilty plea, while the trial court here rejected Carson’s guilty plea. On the contrary, I believe Alford could—and perhaps should—factor into a trial court’s proper exercise of discretion in deciding whether to accept or reject a guilty plea after a defendant has claimed that he did not commit the offense. Nevertheless, I agree with the result reached.

/s/ Bonnie Sudderth BONNIE SUDDERTH JUSTICE

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: February 4, 2016