Terry Carson Devary, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals affirmed the conviction and the trial court's denial of the appellant's motion to withdraw his guilty plea, holding that the plea was withdrawn after the court had taken the case under advisement and thus was within the trial court's discretion. The majority relied on established Texas precedent that such withdrawals are discretionary after advisement. A dissent argued that the trial court's erroneous admonishment of the range of punishment under Article 26.13 was reversible error and that the majority misinterpreted Ex parte McAtee. The dissent urged reconsideration of that issue.