Randle v. State

1 Citing case

  1. Osborne v. State

    NO. 03-16-00802-CR (Tex. App. Apr. 5, 2017)   Cited 4 times

    Tex. R. App. P. 25.2(a)(2). If, as part of a plea agreement, the State abandons an enhancement paragraph that would have increased the maximum punishment that the defendant could have received, the plea agreement effectively puts a "cap" on punishment, and the requirements of Rule 25.2(a)(2) apply. See Gordon v. State, No. 03-15-00240-CR, 2016 WL 3475179, at *1 (Tex. App.—Austin June 16, 2016, no pet.) (mem. op., not designated for publication) (per curiam) (noting that plea agreement effectively caps punishment when State waives enhancement allegation); Randle v. State, No. 01-10-00099-CR, 2011 WL 3359703, at *2 (Tex. App.—Houston [1st Dist.] Aug. 4, 2011, no pet.) (mem. op., not designated for publication) ("By abandoning the felony enhancement paragraphs, the State effectively capped Randle's potential sentence at two years, the maximum punishment for a state jail felony."); Carender v. State, 155 S.W.3d 929, 931 (Tex. App.—Dallas 2005, no pet.) (when State withdrew punishment enhancement allegation and thereby decreased defendant's maximum possible sentence, "the plea bargain agreements in these cases effectively put a 'cap' on punishment," and Rule 25.2 applied); see also Strimban v. State, No. 14-15-00251-CR, 2015 WL 8246324, at *1 (Tex. App.—Houston [14th Dist.] Dec. 8, 2015, no pet.) (mem. op., not designated for publication) (per curiam) ("An agreement that places a cap on punishment is a plea bargain for purposes of Texas Rule of Appellate Procedure 25.2(a)(2)."); Alba v. State, Nos. 05-14-00020-21-CR, 2014 WL 6634137, at *1 (Tex. App.—Dallas Nov. 24, 2014, no pet.) (mem. op., not designated for publication) ("An agreement to a punish