Court of Criminal Appeals of Texas

Cleveland Flowers, Appellant v. the State of Texas

October 30, 19961996 Tex. Crim. App. LEXIS 214

Summary

The Court of Criminal Appeals of Texas granted the petition for discretionary review, vacated the lower appellate court's dismissal for lack of jurisdiction, and held that Rule 40(b)(1) does not bar an appeal challenging the voluntariness of a plea. The court further held that the voluntariness of a plea is not a jurisdictional issue, and remanded the case for the Court of Appeals to consider the plea‑voluntariness claim.