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I suppose there is nothing terribly remarkable in Ex parte Rich (Tex.Crim.App. 06/07/06), except the idea "there is no way of knowing whether the State would have offered a plea bargain within the proper range of punishment that he deemed acceptable, or whether he would have decided to proceed to trial". If the Defendant thought 25 years was reasonable punishment for his conduct, surely the State would have agreed that 20 years was reasonable- so it can be presumed it would have made such an offer. Just because the parties operated under a misapprehension concerning the possible punishment for the offense should not permit the Defendant to now withdraw his plea of guilty and demand a jury trial. The State should have the right to rely on the guilty plea and only the proper sentence should be re-tried. | ||
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