33rd / 424th District Courts

The Court of Criminal Appeals, in an en banc proceeding, held that statute authorizing the withdrawal of guilty or nolo contendere pleas in felony cases did not apply to proceedings to revoke community supervision. See Gutierrez v. State, 108 S. W. 3d 304 (Tex. Crim. App., 2003). The reference is to Vernon's Ann.Texas C.C.P. Art. 26.13 which provides in pertinent part that:

(a) Prior to accepting a plea of guilty or a plea of nolo contendere, the court shall admonish the defendant of:
(1) * * *
(2) the fact that the recommendation of the prosecuting attorney as to punishment is not binding on the court. Provided that the court shall inquire as to the existence of any plea bargaining agreements between the state and the defendant and, in the event that such an agreement exists, the court shall inform the defendant whether it will follow or reject such agreement in open court and before any finding on the plea. Should the court reject any such agreement, the defendant shall be permitted to withdraw his plea of guilty or nolo contendere; (emphasis added)
* * * *

The opinion has an extensive analysis of how the Court reaches this result. Judge Meyers dissented.
Does this also apply to Requests to Adjudicate a defendant on deferred adjudication? I think "yes" because (a) the Gutierrez holding viewed in the converse is that the Art 26.13 admonishment apply only to original pleas, which is a fair and rational reading of that case, and (b) there is no case law to the contrary at the time of this writing.