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Farias v. State

The appellant entered into a plea agreement based on an agreed punishment. The sentence is void because it is below the minimum sentencing range. Because specific performance is not possible, the judgment of the trial court is reversed and remanded with orders that the trial court withdraw appellant's plea and that appellant replead to the indictment. Houston's 1st Court of Appeals, No. 01-12-00205-CR, 11-01-2012.

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OPINION

Appellant, Eric Daniel Farias, was charged by indictment with possession of a controlled substance greater than 400 grams with intent to deliver.*fn1 Following a hearing, the trial court denied appellant’s two motions to suppress and a motion to disclose the identity of the confidential informant. After the State agreed to reduce the charge in the indictment to possession of a controlled substance greater than 400 grams,*fn2 appellant pleaded guilty with an agreed recommendation of 10 years’ confinement without an assessment of a fine. The trial court assessed punishment at 10 years’ confinement also without assessment of a fine. In four issues on appeal, appellant argues the trial court abused its discretion by denying his motions because (1) the police’s interactions with appellant became an illegal seizure; (2) appellant never gave valid consent to search the vehicle where drugs were located; (3) there were insufficient affirmative links between appellant and the contraband; and (4) appellant met his prima facie burden of showing the identity of the confidential informant should have been revealed.

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