Opinion

Castleberry v. State

  • 704 S.W.2d 21
  • 1984 Tex. Crim. App. LEXIS 724
Court
Court of Criminal Appeals of Texas
Filed
Jul 18, 1984
Status
Published
Author
Davis
On the bench
Clinton, Davis, Odom, Onion, Teague, Miller
Cited by
21 cases
Authority
More cited than 10.6%

explaining that the genesis of the requirement that a defendant be aware of the price of rejecting the bargain in cases involving allegations of prosecutorial vindictiveness

How later courts described this case

  • explaining that the genesis of the requirement that a defendant be aware of the price of rejecting the bargain in cases involving allegations of prosecutorial vindictiveness
  • "[t]o punish a person because he has done what the law plainly allows him to do is a due process violation of the most basic sort, and for an agent of the State to pursue a course of action whose objective is to penalize a person's reliance on his legal rights is 'patently unconstitutional.'"
  • “We conclude the rationale of Pearce does not and cannot apply to the instant case simply because appellant never exercised his statutory or constitutional right to review by a higher court.”
  • trial court has no duty to admonish defendant of the consequences of defendant’s rejection of the plea agreement

Written by the judges who cited it.

The opinion

*30 OPINION ON APPELLANT’S MOTION FOR REHEARING

W.C. DAVIS, Judge.

On original submission we affirmed appellant’s conviction, holding that appellant’s “withdrawal” from his negotiated plea in the trial court, his subsequent trial and conviction by a jury, and the imposition by the trial judge of a sentence more severe than that originally imposed under the terms of the plea bargain, does not implicate North Carolina v. Pearce, 395 U.S. 711 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969). After reconsideration of appellant’s contention, we abide by our original opinion. The motion for rehearing is denied.

TEAGUE, J., dissents.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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