Ex parte Gilmore Cox (original by judge johnson)
Annotate this CasePursuant to a plea bargain, applicant Gilmore Cox plead guilty to one count of possession of a controlled substance (Count I) and no contest to one count of possession of certain chemicals with intent to manufacture a controlled substance (Count II). The trial court found him guilty and sentenced him to twenty years’ imprisonment on Count I and thirty-five years’ imprisonment on Count II, with the sentences to run concurrently. On appeal, applicant challenged his conviction on Count II, alleging that it failed to sufficiently allege an offense. The state argued that the court of appeals should have dismissed this appeal because he had entered his pleas and waived appeal as part of a plea bargain. Applicant filed this application for a writ of habeas corpus. After review, the Court of Criminal Appeals found that, because the plea bargain was a package deal and part of this plea bargain could not be fulfilled, the entire plea bargain was unenforceable, thus the parties must be returned to their original positions. This case was remanded back to the trial court for re-sentencing.
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