Michael Coronado v. The State of Texas--Appeal from 187th District Court of Bexar County

IN THE

TENTH COURT OF APPEALS

No. 10-98-188-CR

MICHAEL CORONADO,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 187th District Court

Bexar County, Texas

Trial Court # 97-CR-1638-A

DISSENTING OPINION

I accept the majority s statement of the events that transpired in connection with Coronado s plea proceedings. I disagree with the conclusion that the court did not abuse its discretion in denying his first motion to withdraw his plea, filed nine days after he pled guilty.

Although he was impeached with a prior conviction for an unspecified offense, Coronado s testimony that he had maintained his innocence throughout the proceedings, that he had been pressured by his wife to plead guilty, and that when he pled guilty he acted out of fear for the safety of his children was uncontroverted. Based on that testimony and the prompt filing of the motion to withdraw the plea, I believe that the court s refusal to allow him to withdraw his plea of guilty was outside the "zone of reasonable disagreement." See Rivera v. State, 952 S.W.2d 34, 36 (Tex. App. San Antonio 1997, no pet.) (citing DuBose v. State, 915 S.W.2d 493, 496-97 (Tex. Crim. App. 1996)).

BILL VANCE

Justice

Dissenting opinion delivered and filed July 26, 2000

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