David Wayne Gibson v. State Texas

Opinion ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW A jury found appellant, David Wayne Gibson, guilty of unlawful possession
of less than 28 grams of amphetamine, a controlled substance, in 42nd District Court cause number 15,653-A. Punishment, enhanced
by a prior felony conviction, was assessed by the jury at imprisonment for 20 years and a fine of $6,600. On appeal, appellant
argued inter alia that the trial court erred in not dismissing the instant cause pursuant to a plea agreement reached in cause
number 15,654-A. The Eleventh Court of Appeals disagreed, holding that the plea agreement in question is unenforceable. Gibson
v. State, 769 S.W.2d 706 (Tex.App. -- Eastland 1989). We granted appellant's petition for discretionary review, pursuant to
Tex. R. App. Pro. 200(c)(3), in order to determine whether the plea agreement should have been enforced.1 We will reverse
the judgment of the court of appeals. The facts are undisputed. In late 1987, the Taylor County grand jury indicted appellant for the instant offense (amphetamine
possession, cause number 15,653-A) and for retaliation (cause number 15,654-A). Appellant subsequently entered into a written
plea agreement with the prosecutor in which appellant agreed to plead guilty to the retaliation charge in exchange for, in
the words of the agreement, "40 years TDC, no finding of use or exhibition of a deadly weapon; Dismiss 15,653-A." The agreement
was submitted to the 42nd District Court on December 7, 1987. At a hearing on that date, the district court announced that
it would "follow the plea bargain." It then assessed appellant's punishment as recommended by the prosecutor, but for some
reason not in the record, the amphetamine-possession charge was not dismissed.