Okay. D is busted for POCS (Cocaine). Trial Court, at a suppression hearing, suppresses evidence. State files appeal.

Appeal is pending.

Now D wants to plead guilty. (Consience bothering him? Beats me.)

What, or is there a vehicle for getting the case back before the Trial Court.

Defendant must file voluntary dismissal of appeal with appellate court. Check Rules of Appellate Procedure. Must have his signature.

Then, mandate must issue before trial court has jurisdiction again. At plea, prosecutor should be sure to have defendant waive any claim regarding the suppression.

John Bradley
District Attorney
Williamson County, Texas

I think, if this is a State's appeal, that the trial court can act unless the State has invoked its right to a stay order. CCP 44.01(e). If such an order has been entered, I think the easiest thing to do would be to ask that the stay be dissolved so that the defendant can enter a plea.