Joseph Ray Crawford v. State, 13-15-00125-CR

In 2006 Crawford was convicted of retaliation, received a 10-year sentence probated for 10 years, $1,000 fine, and probation conditions including community service and restitution.
In April and October 2014 the State filed petitions to revoke Crawford’s probation.
On December 8, 2014 the parties executed and signed a written "Terms of Plea Bargain on Revocation" calling for a six-year TDCJ sentence (with credit for time in a Substance Abuse Felony Punishment Facility (SAFPF)).
At the plea hearing the prosecutor announced a mistake: a box authorizing waiver of SAFPF credit had been left unchecked; the State withdrew the offer, the court declined to accept the plea, and reset the matter for a contested revocation hearing.
At the February 25, 2015 contested hearing the trial court revoked probation and sentenced Crawford to ten years TDCJ (with 972 days SAFPF credit). Crawford appealed and moved for new trial; the trial court denied relief and filed findings and conclusions.

Issue	Plaintiff's Argument (Crawford)	Defendant's Argument (State)	Held
Whether the trial court could allow the State to revoke an executed, signed plea agreement on grounds of the State's unilateral mistake	The signed plea constituted a binding contract (offer, acceptance, meeting of minds); unilateral mistake by State does not automatically void the plea and rescission was prejudicial and unconscionable because it increased Crawford's sentence by four years	The State claimed an inadvertent omission (failure to check the SAFPF-credit waiver box) justified withdrawing the plea; the State asked to reset and proceed to contested revocation if necessary	At the December 8 hearing the court found no enforceable plea (acceptance defeated by State's asserted mistake), reset the case; at the February 25 hearing the court revoked probation and imposed a 10-year sentence (trial court treated the plea as not binding)

In re Green Tee Servicing LLC, 275 S.W.3d 592 (Tex. App. — Texarkana 2008) (elements of contract formation and standards for rescission for unilateral mistake)
KW Constr. v. Stephens & Sons Concrete Contrs., Inc., 165 S.W.3d 874 (Tex. App. — Texarkana 2005) (contract formation principles)
Buxani v. Nussbaum, 940 S.W.2d 350 (Tex. App. — San Antonio 1997) (contract formation elements)
Johnson v. Conner, 260 S.W.3d 575 (Tex. App. — Tyler 2008) (unilateral mistake generally does not void a contract)
Ledig v. Duke Energy Corp., 193 S.W.3d 167 (Tex. App. — Houston [1st Dist.] 2006) (rescission for unilateral mistake requires stringent equitable factors)