Court of Criminal Appeals of Texas

Osiel Valdez Ortiz, Appellant v. the State of Texas, Appellee

September 25, 19961996 Tex. Crim. App. LEXIS 196

Summary

The Court held that jeopardy in a negotiated guilty plea attaches only when the trial court accepts the plea bargain; because the trial court never accepted the plea agreement, jeopardy did not attach and the appellant's subsequent nolo contendere plea was not barred by double jeopardy. The decision affirms the trial court and Court of Appeals judgments. Justice Baird dissented, arguing jeopardy attached when the plea was accepted, while Justices Clinton and Meyers concurred in the judgment but offered differing analyses.