Hallmark v. Texas (original by presiding judge keller)Annotate this Case
Appellant Jamie Hallmark and the State entered into a plea agreement. According to the plea papers, Appellant would be sentenced to three years unless she failed to show up for her sentencing hearing, in which case she would be sentenced within the full range of punishment. Appellant did not show for her sentencing hearing, and she was later sentenced to ten years. The court of appeals determined that the “full range of punishment” part of the plea agreement was added by the trial court, that the trial court did not follow the parties’ plea bargain when it assessed the full range of punishment, and that the trial court abused its discretion in refusing to permit Appellant to withdraw her plea. After review, the Court of Criminal Appeals concluded that the court of appeals erred in finding an abuse of discretion because the “full range of punishment” term was a part of the plea agreement and Appellant failed to timely complain about any participation by the trial judge in the plea-bargaining process.