Court of Criminal Appeals of Texas

Robert D. Lemmons, Appellant v. the State of Texas, Appellee

October 2, 19911991 Tex. Crim. App. LEXIS 198

Summary

The Court held that Tex.R.App.Pro. Rule 40(b)(1) does not bar an appeal of a pre‑trial motion denial in a misdemeanor case where the guilty plea was conditional, and that the Helms rule does not apply to such plea‑bargain situations; therefore the Court of Appeals judgment was reversed and the case remanded for further proceedings.