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I dissent from the majority's holding that accepts the trial court's approval of the joint motion and agreement. As part of the *Page 691 agreement, the appellant agrees that if he pleads guilty to the capital offense he will never attack or appeal his capital conviction or sentence. The right to appeal a conviction to a higher court is a constitutional right that the state cannot negotiate or bargain away from a defendant. *Page 897
Document Info
Docket Number: CR-90-0989
Judges: Patterson, Taylor
Filed Date: 3/3/1995
Precedential Status: Precedential
Modified Date: 2/9/2024