Hale, II, Raymond David v. State

NUMBER 13-99-611-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

___________________________________________________________________

RAYMOND DAVID HALE, II

, Appellant,

v.

THE STATE OF TEXAS

, Appellee.

___________________________________________________________________

On appeal from the 156th District Court of Live Oak County, Texas.

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O P I N I O N

Before Chief Justice Seerden and Justices Dorsey and Rodriguez

Opinion by Chief Justice Seerden

Raymond David Hale, II, appellant, was charged with unauthorized use of a motor vehicle.⁽¹⁾ He was simultaneously charged in federal court with another offense. After a plea bargain agreement was reached, appellant pleaded guilty to the State court offense on the condition that his state and federal sentences would run concurrently. However, appellant's state and federal sentences are not now running concurrently and the plea bargain agreement cannot be fulfilled. The State concedes this point.

When a defendant pleads guilty pursuant to a plea agreement, but the terms of the agreement cannot be fulfilled, the defendant is entitled to withdraw his guilty plea. See Ex parte Austin, 746 S.W.2d 226, 227 (Tex. Crim. App. 1988). The State agrees that remand to permit appellant to withdraw his plea is appropriate here.

We reverse the judgment of the trial court and remand the cause for further proceedings herein.

ROBERT J. SEERDEN, Chief Justice

Do not publish

.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

16th day of November, 2000.

1. Tex. Penal Code Ann. §31.07(a) (Vernon 1998).