Rodriguez v. Texas (original by judge meyers)
Annotate this CaseAppellant was charged with ten counts of sexual assault of a child and indecency with a child. Based on the advice of his counsel, he declined the State’s plea bargain recommending a ten-year sentence and proceeded to trial. The jury found Appellant guilty and gave him eight life sentences and one twenty-year sentence. He filed a motion for new trial claiming ineffective assistance of counsel. The trial judge granted the motion for new trial and motion to require the State to reinstate the plea bargain offer of ten years. The State reinstated the plea offer, and Appellant accepted it. The trial judge rejected the plea agreement and advised Appellant that he could withdraw his guilty plea and go to trial or accept a 25-year sentence. Appellant rejected the 25-year sentence and moved to recuse the trial judge on the basis of demonstrated prejudice. The judge voluntarily recused herself, and a new judge was assigned to the case. Appellant filed another motion to require the State to re-offer the ten-year deal. The new judge declared that the slate was wiped clean by the original judge’s recusal but that she would accept a new agreement if one were reached. The State offered a plea deal of 25 years and Appellant accepted, pleading guilty to five of the counts in exchange for the waiver of the other five counts. The judge accepted the deal and signed the judgments of conviction. Appellant appealed, claiming that he was entitled to a ten-year plea-bargain offer from the State and that the trial court was required to accept the ten-year plea agreement. Concluding that Appellant was indeed prejudiced, the court of appeals determined that the proper remedy was to require the State to reoffer the ten-year plea bargain and to have the agreement presented to a judge who had not recused herself. The court of appeals reversed the trial court and remanded the case with instructions for the State to re-offer the ten-year plea bargain. The State appealed. The Court of Criminal Appeals reversed: Appellant received everything he requested in this case: the trial judge granted his motion for new trial, granted his motion to require the State to reoffer the most favorable plea deal, and then recused herself so that a new judge could hear the case. The new judge was not required to give Appellant what the previous judge, whom he sought to recuse, had already given him. The 25-year sentence that was offered by the State, agreed to by Appellant, and accepted by the trial court was reinstated.
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