Court of Criminal Appeals of Texas
Gary Don Shannon, Appellant v. the State of Texas, Appellee
April 30, 19861986 Tex. Crim. App. LEXIS 1263
Summary
The Court reversed the Texas Court of Appeals and held that when a negotiated guilty plea is successfully challenged as unenforceable, the proper remedy is specific performance of the plea or, if that is impossible, withdrawal of the plea with the parties returned to their pre‑agreement positions. The dissent argued that resentencing, not withdrawal, was the appropriate remedy and that the State is not constitutionally required to honor its sentencing recommendation.