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 Dallas Court of Appeals, holding that when a negotiated guilty plea is successfully challenged, the proper remedy is specific performance of the plea or, if that is impossible, withdrawal of the plea and repleading to the original indictment. The dissent argued that the majority overextends constitutional fairness and that resentencing alone would suffice.