Court of Criminal Appeals of Texas, 1992

Campos v. State

Campos v. State
Court of Criminal Appeals of Texas · Decided January 8, 1992 · Overstreet
821 S.W.2d 162; 1992 WL 1124 (South Western Reporter, Second Series)

Campos v. State

Opinion of the Court

OPINION

Opinion of the Court

OPINION DISSENTING TO THE DENIAL OF STATE’S PETITION FOR DISCRETIONARY REVIEW

OVERSTREET, Judge.

Upon reexamination of our recent opinion in Lemmons v. State, 818 S.W.2d 58 (Tex.Cr.App. 1991), I am of the opinion that the trial courts and lawyers may be uncertain as to whether a criminal defendant who pleads guilty to a misdemeanor pursuant to a plea bargain agreement has a right to pursue an appeal. Because the State now asks that very question in the instant petition for discretionary review, I strongly believe that said petition should be granted to answer the question. Because the Court chooses to refuse to grant said petition, I respectfully dissent to that action.

Dissenting Opinion

Upon reexamination of our recent opinion in Lemmons v.State, 818 S.W.2d 58 (Tex.Cr.App. 1991), I am of the opinion that the trial courts and lawyers may be uncertain as to whether a criminal defendant who pleads guilty to a misdemeanor pursuant to a plea bargain agreement has a right to pursue an appeal. Because the State now asks that very question in the instant petition for discretionary review, I strongly believe that said petition should be granted to answer the question. Because the Court chooses to refuse to grant said petition, I respectfully dissent to that action.

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