Jeremy Demont Waites v. State
05-14-00882-CR
| Tex. App. | Apr 1, 2015Background
- Jeremy Demont Waites was indicted for possession with intent to deliver cocaine (≥4g, <200g).
- Waites and the State made a plea agreement: Waites would plead guilty; State would recommend the statutory minimum punishment of 5 years and a $500 fine; agreement allowed withdrawal of the plea if the court rejected the bargain.
- At the plea hearing (Apr 28, 2014) Waites pleaded guilty, signed a judicial confession, and was told sentencing would occur Apr 30; the court warned that failure to appear would convert the plea to an open plea with exposure to 5–99 years or life.
- Waites did not appear for the scheduled Apr 30 sentencing; the hearing was instead held on Jun 16, 2014. Waites testified he missed the date due to a family funeral and asked the court to honor the agreement.
- The trial court found him guilty but rejected the plea agreement and assessed 10 years imprisonment and a $500 fine. Waites did not object at sentencing or move to withdraw his plea at that time.
- On appeal Waites argued the court erred by not permitting withdrawal of his guilty plea after rejecting the plea agreement; the State asserted waiver for failure to raise the issue below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court must permit withdrawal of a guilty plea after rejecting a plea agreement | Waites: statutory mandate (art. 26.13(a)(2)) requires allowing withdrawal and this right cannot be waived by failure to object | State: issue waived because Waites failed to object or move to withdraw at plea or sentencing; appellate review is barred | Affirmed: claim waived—appellate review barred for failure to preserve error; judgment affirmed |
Key Cases Cited
- Moore v. State, 295 S.W.3d 329 (Tex. Crim. App. 2009) (error in converting plea to open plea existed but defendant waived appellate review by not raising issue at plea or sentencing)
- Caballero v. State, 587 S.W.2d 741 (Tex. Crim. App. 1979) (statutory exclusion of competency statements was too clear to waive by failure to object)
- Perry v. State, 703 S.W.2d 668 (Tex. Crim. App. 1986) (declined to extend Caballero to other contexts)