Garcia v. State

1 Citing case

  1. Tate v. State

    834 S.W.2d 566 (Tex. App. 1992)   Cited 27 times
    Concluding that to compel a judge to testify regarding his or her mental processes in arriving at a decision, the movant must show extraordinary circumstances and, "at the very least, a threshold showing of improper conduct on the part of the judge that would justify compelling him to testify"

    In regard to the State's recommendation on punishment, however, the "contract" does not become enforceable until the trial judge announces that the court will be bound by the plea bargain agreement. Williams, 637 S.W.2d at 947; see also Wayne, 756 S.W.2d at 728; Garcia v. State, 801 S.W.2d 20, 21 (Tex.App. — Corpus Christi 1990, no pet.). At the motion for new trial hearing, both counsel for appellant and the district attorney testified about their oral agreement regarding the manner in which the punishment hearing would be handled. Appellant understood that the district attorney "would not jump up and down and ask for a period of incarceration.