GREEN v. STATE

No. 089-86.

727 S.W.2d 272 (1987)

Gary William GREEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

March 4, 1987.


Attorney(s) appearing for the Case

Michael P. Fosher, court appointed on appeal, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. & Roe Morris & David Knight, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

DUNCAN, Judge.

Rejecting his not guilty plea, a jury found the appellant guilty of aggravated kidnapping. Thereafter, with the consent of the State, as authorized by Art. 37.07, Sec. 2(b), V.A.C.C.P., the appellant withdrew his election to have the jury assess punishment. Then, in a rather unusual procedure identified by appellant's counsel as a "plea bargain," the State and the appellant agreed upon a...

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