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Assistant makes bad plea offer then the elected County Attorney recognizes the case was incorrectly filed and dismisses the misdemeanor and files the appropriate felony with the District Attorney. Now the defense attorney has filed a motion to enforce the plea agreement. No plea was ever entered before the Court nor accepted by the Judge. Any idea where to start? I've already argued that the County Attorney didn't have jurisdiction in the first place because it was a felony.
 
Posts: 52 | Location: TX, USA | Registered: February 20, 2008Reply With QuoteReport This Post
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Defendant isn't entitled to a plea offer. To the best of my knowledge they can be withdrawn without notice and for any reason.

What authority is the Defendant citing in support of his motion?
 
Posts: 63 | Location: Henderson, Texas, United States | Registered: December 02, 2011Reply With QuoteReport This Post
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No authority is given...aside for the 'taint fair argument.
 
Posts: 52 | Location: TX, USA | Registered: February 20, 2008Reply With QuoteReport This Post
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A plea bargain is not enforceable until it's either accepted by the trial court or the court has announced in open court that he will be bound by it. Until one of those two things happens, the State can pull the offer/deal, even if it's already been accepted by the defendant.

Look at Wayne v State, 756 sw2d 724, Ortiz v. State, 933 sw2d 102, Holland v. State, 2003 WL 21553818 and Mabry v Johnson, 467 us 504
 
Posts: 280 | Registered: October 24, 2002Reply With QuoteReport This Post
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