Court of Criminal Appeals of Texas

The State of Texas, Appellant v. Bernard Vince Evans, Appellee

December 16, 19921992 Tex. Crim. App. LEXIS 238

Summary

The Court of Criminal Appeals held that the State was entitled to appeal the trial court's order granting a post‑sentence withdrawal of a plea because the order functionally constituted a new trial, and it reversed the lower appellate court's limitation on the trial court's discretion to grant such a motion, remanding for entry of judgment.