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BASS v. STATE

No. 59622.

576 S.W.2d 400 (1979)

Herbert Wayne BASS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

January 31, 1979.

Attorney(s) appearing for the Case

James E. Tatum, Houston, for appellant.

Carol S. Vance, Dist. Atty., Calvin A. Hartmann and Frank Harmon, Asst. Dist. Attys., Houston, for the State.

Before ODOM, PHILLIPS and DALLY, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction based on a plea of guilty to the offense of delivery of marihuana where punishment was assessed at 10 years and a $5,000 fine.

Appellant asserts that he should be allowed to withdraw his plea because the prosecutor violated a plea bargain agreement. His claim is that in return for a guilty plea the prosecutor agreed not to make a recommendation for punishment. The prosecutor made no recommendation...

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