Stephen Hubbard v. The State of TexasAppeal from 262nd District Court of Harris County (Order)

State: Texas

Court: Texas Northern District Court

Docket No: 01-12-00480-CR

Case Date: 03/07/2013

Plaintiff: Stephen Hubbard

Defendant: The State of TexasAppeal from 262nd District Court of Harris County (Order)

Preview:COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Appellate case number: Stephen Hubbard v. The State of Texas 01-12-00480-CR

Trial court case number: 1334845 Trial court: 262nd District Court of Harris County

The trial court's certification of appellant's right to appeal appears to be inconsistent with the record. According to the clerk's record, appellant pleaded guilty to the offense of manslaughter, pursuant to an agreement with the State that the sentence be capped at 12 years. In accordance with the agreement, the trial court sentenced appellant to confinement for 6 years. A plea agreement that a sentence be "capped" constitutes a plea bargain. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003) (stating that sentence-bargaining includes recommended "cap" on sentencing); Waters v. State, 124 S.W.3d 825, 826

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