Marvin Leroy Kirk, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals granted the appellant's petition for discretionary review, vacated the Court of Appeals' dismissal of the appeal, and remanded the case for consideration. It held that the appellate court had jurisdiction because the appellant entered nolo contendere pleas without a plea bargain, so the Rule 40(b)(1) restrictions on appeals of negotiated pleas did not apply.