Carson v. Texas (original by judge newell)Annotate this Case
Appellant Gary Carson was charged with three counts of assault on a public servant and three counts of bail jumping. After Appellant agreed to waive his right to appeal, the State agreed to waive its right to a jury trial and the case proceeded before the trial court. Appellant pleaded guilty to all six charges. The trial court accepted Appellant’s pleas, found him guilty, and sentenced him. Appellant then appealed his conviction. Having found that Appellant’s waiver of his right to appeal was invalid, the court of appeals affirmed Appellant’s convictions, but reversed the assessment of punishment. Because the Texas Court of Criminal Appeals found Appellant’s waiver of his right to appeal was valid, it reversed. The case was remanded, however, for the court of appeals to address whether an exception to the waiver rules nevertheless applied in this case in which the trial judge admitted that he considered facts not introduced into evidence when assessing Appellant’s sentence.