Court of Criminal Appeals of Texas

Eloy James Gutierrez, Appellant v. the State of Texas

June 18, 20032003 Tex. Crim. App. LEXIS 111

Summary

The Court reversed the Court of Appeals and held that Texas law does not grant a defendant the right to withdraw a plea of true in a probation‑revocation proceeding when the trial court rejects the State’s sentencing recommendation, and therefore the appellant’s claim of ineffective assistance of counsel fails. The Court also remanded for further consideration. Justice Meyers dissented, arguing that due‑process considerations require such a withdrawal right.