Ex Parte Williams ( 1957 )

ON relator’s motion for rehearing

WOODLEY, Judge.

In its last analysis relator’s contention is that his plea of guilty, made after the trial judge had properly admonished him, was no plea in law because his attorney had prior thereto advised him that he would receive a suspended sentence.

It is clearly shown that relator’s counsel and the district attorney were both confident that the jury would recommend a suspension of sentence and that relator’s counsel understood that the district attorney had so agreed.

Both counsel appear to have acted in the utmost good faith, but neither was clothed with the authority to assess the punishment or to bind the jury in regard to suspending the sentence. There was no agreement that recommendations would be made to the jury which, if not followed, would result in the granting of a new trial.

Relator’s motion for rehearing is overruled.