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157 S.W.3d 83

Kniatt v. State

Texas Court of Appeals, 10th District (Waco) · decided 2005-01-05

Cited by 8 later decisions — most recently November 2009

8 state decisions

Relies on Ex Parte Hargett · State v. Hegwood · Saucedo v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-01-05

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TOM GRAY, Chief Justice,

¶1dissenting.

¶2Any way you approach it, this is now a collateral attack on a conviction rendered pursuant to a plea bargain. Kniatt cannot appeal the plea, so the Court is coming through the back-door to allow what cannot come in through the front-door.

¶3Yes, because the trial court determined the merits of Kniatt’s application, we had jurisdiction to review the pre-trial habeas corpus. Ex parte Hargett, 819 S.W.2d 866, 868-869 (Tex.Crim.App.1991). But when the trial court heard and accepted the plea and rendered its judgment, our jurisdiction to review the habeas terminated. Saucedo v. State, 795 S.W.2d 8, 9 (Tex.App.-Houston [14th] 1990, no pet.); Budd v. State, No. 07-97-0054-CR, 1998 WL 788755, *2-3 (Tex.App.-Amarillo Nov.10, 1998, no pet.)(not designated for publication); see also Ex parte Branch, 558 S.W.2d 380, 381 (Tex.Crim.App.1977). I would dismiss this appeal for want of jurisdiction. Because the Court does not, I dissent.

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