Ex Parte Cox
WR-42,794-05
Case Summary written by Katherine Mendiola, Staff Member.
JUDGE JOHNSON delivered the opinion of the court.
This case dealt with the third review of a defendant’s plea bargain in which he pled guilty to one count of possession of a controlled substance and no contest to the second count of possession with intent to manufacture a controlled substance. The defendant was found guilty on both counts and subsequently appealed. Initially, the court remanded the case for a determination of the validity of the second count, intent to manufacture, which was found invalid. However, on second remand, the trial court held that the plea bargain was not a package, therefore, the conviction should stand. The question before the court was to determine if the plea bargain was in fact a package deal and as such, if one part of the plea bargain is not fulfilled, the entire plea bargain is unenforceable.
The court acknowledged that multiple counts can be brought under a single plea bargain, but in accordance with contract laws and as such if a plea bargain is based on a false premise, then the promise is not kept, and the plea is considered involuntary and “the parties must be returned to their original positions.” The court held in the instant case that because “the negotiated consideration by the state was the waiver by applicant of a constitutional right in one count for the reduction of the sentence by the state in a different, invalid count, we hold the plea agreement to be a ‘package deal’; a reduced punishment range for Count II was the consideration offered by the state to induce the promise of applicant to waive his right to a jury trial in Count I.” Therefore, he did not knowingly and intelligently waive his rights and the conviction could not stand. The case was remanded to the trial court for resentencing.
JUDGE KELLER, concurring.
Judge Keller agreed that the defendant’s plea was a package deal but wrote separately to address the possible remedies that should occur as a result of an invalidated plea bargain. First, if the plea was involuntary, the entire plea should be set aside. Second, if the plea was voluntary but one part of the plea bargain was held invalid, the State is then entitled to undo the plea bargain. Although he agreed the plea was involuntary, he differed on the reason as to why it was involuntary.