Joseph Ray Crawford v. State
13-15-00125-CR
| Tex. App. | Dec 29, 2015Background
- Joseph Crawford pleaded guilty in 2006 to retaliation against a witness (third-degree felony), received a ten-year sentence which was suspended, and was placed on ten years probation.
- In April 2014 the State filed a petition to revoke Crawford’s probation alleging multiple violations.
- On December 8, 2014, Crawford and the State signed a plea agreement resolving the revocation hearing, but the State discovered a drafting mistake in open court concerning credit for time in substance-abuse facilities.
- The State asserted it intended Crawford to waive such credit, not to grant four years’ credit as written; after the mistake was discussed, the State withdrew from the signed plea agreement and the court reset the matter.
- At the February 25, 2015 contested hearing Crawford pled not true; the court found the allegations true, revoked probation, and sentenced Crawford to ten years’ confinement; Crawford appealed solely arguing the State should not have been permitted to withdraw the plea agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State could withdraw a signed plea agreement after a unilateral drafting mistake discovered before the judge accepted it | Crawford: the signed plea agreement was a binding contract and unilateral mistake does not void it | State: plea bargains are not binding until the judge accepts them in open court, so it could withdraw before acceptance | The court held the plea was not binding until accepted by the judge; State properly withdrew the agreement |
Key Cases Cited
- Moore v. State, 295 S.W.3d 329 (Tex. Crim. App. 2009) (plea bargain functions as a contract but is not binding until judge accepts it in open court)
- Bitterman v. State, 180 S.W.3d 139 (Tex. Crim. App. 2005) (same principle regarding judge’s acceptance defining binding plea bargains)
- Ortiz v. State, 933 S.W.2d 102 (Tex. Crim. App. 1996) (plea agreements must be accepted in open court to become binding)
- In re Green Tree Servicing LLC, 275 S.W.3d 592 (Tex. App.—Texarkana 2008) (general contract principle that unilateral mistake does not ordinarily void a contract)