Ex parte Grant, 69323
Decision Date | 27 March 1985 |
Docket Number | No. 69323,69323 |
Citation | 687 S.W.2d 6 |
Parties | Ex parte Marcia Lynette GRANT. |
Court | Texas Court of Criminal Appeals |
This is an application for habeas corpus seeking relief pursuant to Art. 11.07, V.A.C.C.P.
Applicant contends that her plea of guilty was involuntary insofar as it was based upon an agreement with the prosecutor that she would be permitted to appeal the merits of her pre-trial motion to suppress even though applicant pled nolo contendere and signed a judicial confession. The trial court has recommended relief be granted. We agree, however we find that an out of time appeal is now possible, and we will so order.
Applicant was charged by indictment with possession of a controlled substance. A pre-trial motion to suppress was filed and a hearing held on August 15, 1980, at which time the motion was overruled.
The trial court made the following findings of fact which we find are supported by the record:
The habeas record also includes an affidavit completed by the assistant district attorney who negotiated applicant's plea and represented the State at the plea hearing. The affidavit states:
At the time that applicant's appeal was heard, the case law of this State did prohibit an appellate court from reviewing the merits of...
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...of the trial court's ruling on his motion to suppress. See Morgan v. State, 688 S.W.2d 504 (Tex.Crim.App.1985) and Ex parte Grant, 687 S.W.2d 6 (Tex.Crim.App.1985). We now address that Appellant's motion to suppress sought to prevent the introduction in evidence of a closed vinyl case conta......
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...State, 615 S.W.2d 776 (Tex.Cr.App.1981) in the context of convictions obtained under Article 44.02, V.A.C.C.P. See also Ex parte Grant, 687 S.W.2d 6 (Tex.Cr.App.1985). Therefore, pursuant to the authority conferred on this Court by Article 44.37 and 44.45, V.A.C.C.P. and Rule 304(A), Texas ......