Antonine D. Henderson v. State
04-15-00650-CR
| Tex. App. | Dec 16, 2015Background
- Antonine Henderson pleaded no contest to possession of >5 and <50 pounds of marijuana under a written plea agreement recommending a $1,500 fine and a three-year prison sentence, to run concurrently with other causes.
- The written plea agreement included a separate "non-binding recommendation" that Henderson would face the full statutory range if he failed to appear for sentencing.
- At the plea hearing the parties orally represented the non-binding recommendation as part of the plea; the court admonished Henderson on the punishment range and accepted the plea.
- Henderson failed to appear at the scheduled sentencing; a capias issued and he was brought in later for sentencing.
- At sentencing the court imposed ten years' confinement (within the statutory range), ran it concurrently as agreed, and certified the case as a plea-bargain case stating Henderson had no right to appeal.
- Henderson appealed, arguing the trial court exceeded the plea agreement and thus the certification denying appeal rights was defective; the court of appeals issued a show-cause order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether this is a "plea-bargain case" for appeal-right certification purposes | Henderson: sentence exceeded the agreed 3-year term, so plea bargain was breached and he has a right to appeal | State: the orally announced plea (accepted by court) made appearing at sentencing a condition; failure released the State from recommending 3 years | The court held the plea announced in open court controlled; failure to appear invoked the agreed consequence, so certification was accurate and no appeal right exists |
| Which agreement controls when written and oral terms conflict | Henderson: written plea fixed terms at 3 years | State: the agreement pronounced in open court, accepted by court and unobjected to, is enforceable | Court held the oral agreement announced at plea hearing was the enforceable plea bargain |
| Whether a sentence within statutory range but greater than recommended violates plea bargain | Henderson: greater sentence shows breach | State: the plea conditioned the recommendation on appearance; breach freed State and allowed full-range punishment | Court held imposing ten years was pursuant to enforceable plea terms triggered by Henderson's failure to appear |
| Whether appeal must be dismissed when trial court certification shows no right to appeal and no corrected certification made part of record | Henderson: certification defective and should be corrected | State: certification is accurate; no filed and ruled-on written motions or permission to appeal exist | Court dismissed the appeal because record contains a certification showing no right to appeal and no basis for appeal under rule 25.2(d) |
Key Cases Cited
- Marsh v. State, 444 S.W.3d 654 (Tex. Crim. App. 2014) (court of appeals may order trial court to reconsider an apparently defective certification)
- Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (court of appeals should review clerk's record to determine accuracy of trial-court certification)
- Brumley v. State, 359 S.W.3d 884 (Tex. App.—Beaumont 2011) (oral plea terms pronounced in court and accepted may supersede inconsistent written plea agreement)
- State v. Moore, 240 S.W.3d 248 (Tex. Crim. App. 2007) (terms conditioning prosecutor's recommendation on defendant's conduct between plea and sentencing are enforceable; breach releases State from its recommendation)