X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

This appeal arises from the trial court’s decision to impose consecutive sentences when the defendant’s written plea agreement provided that his sentences were to run concurrently. In carrying out a plea-bargain agreement, Jesse Adam Brumley pled "no contest" to felony driving while intoxicated. See Tex. Penal Code Ann. §§ 49.04, 49.09(b) (West Supp. 2011).*fn1 The trial court assessed Brumley’s punishment at ten years in prison, but suspended the imposition of Brumley’s sentence and placed him on community supervision for ten years. The State subsequently filed a motion to revoke Brumley’s placement on community supervision. During the revocation hearing, Brumleypled "true" to having violated four terms of the trial court’s community supervision order. At the conclusion of the revocation hearing, the trial court found that Brumley had violated the community supervision order, revoked Brumley’s community supervision, imposed punishment at ten years in prison, and ordered that Brumley serve his sentence in this case after completing his sentence in trial cause number 97980.

Brumley appeals the judgment that the trial court signed after the revocation hearing, arguing that the prosecutor failed to advise the trial court of its agreement to recommend that his sentence in this case, trial cause number 99425, run at the same time as his sentence in trial cause number 97980. Brumley contends that the agreement under which he had pled guilty provides that the sentence in this case would run concurrently with his sentence in trial cause number 97980. According to Brumley, because the prosecutor is bound by any promises made that induce a defendant to waive his rights and to plead guilty, the prosecutor, during the revocation hearing, is required to remind the trial court of the terms of a plea agreement. See Santobello v. New York, 404 U.S. 257, 262, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971) ("[W]hen a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled.").

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More

Description: Fox Rothschild has an opening in the Atlantic City, NJ office for a litigation associate to join a fast-paced, national litigat...


Apply Now ›

Our client, a litigation services boutique, is seeking to add a Coverage & Commercial Litigation Attorney to support their rapidly growi...


Apply Now ›

Cicchiello & Cicchiello, LLP - Hartford Law Firm seeking to hire an Associate Attorney. We focus our practice primarily on Personal Inju...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›