[Download] "Michael Anthony Heath v. State Texas" by Supreme Court Of Utah # Book PDF Kindle ePub Free
eBook details
- Title: Michael Anthony Heath v. State Texas
- Author : Supreme Court Of Utah
- Release Date : January 23, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Michael Anthony Heath, appellant, pled guilty to the charged offense of aggravated robbery. The trial court found appellant guilty, followed the plea bargain agreement between appellant and the State, assessed punishment at ten years confinement, and suspended imposition of the sentence, placing appellant on probation for ten years. The State later moved to revoke the probated sentence. The trial court held a hearing, revoked the probation, and sentenced appellant to eight years confinement. The Court of Appeals affirmed. Heath v. State, 778 S.W.2d 208 (Tex. App.--Fort Worth 1989). On original submission, we granted appellants petition for discretionary review and held: 1) if a punishment is not authorized by law the sentence is void; 2) appellant did not waive the issue by failing to complain in the trial court because a defect that renders a sentence void may be raised at any time; and 3) when the void sentence is obtained as a result of a plea bargain agreement, where specific performance is not an alternative, the remedy is to order the plea of guilty withdrawn and to return the parties, including the State, to their original positions. Therefore, we reversed the judgment of the Court of Appeals and remanded the case to the trial court with orders that the trial court withdraw appellants plea and that appellant replead to the indictment. Heath v. State, S.W.2d (Tex.Cr.App. No. 1465-89, delivered April 24, 1991) (opinion on original submission).