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  5. 955 S.W.2d 416 (1997)
 

ERVIN v. STATE

No. 04-96-00457-CR.

955 S.W.2d 416 (1997)

Lemar ERVIN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

October 15, 1997.

Attorney(s) appearing for the Case

Alex Hernandez, Law Offices of Calvert, Bannert & Hernandez, PLLC, James L. Rodriguez, San Antonio, for Appellant.

W.C. Kirkendall, Dist. Atty., Frank Follis, Asst. Dist. Atty., Sequin, for Appellee.

Before the court en banc.

OPINION

RICKHOFF, Justice.

Lemar Ervin appeals from an order of the trial court sentencing him to twenty years' confinement for sexual assault. We reverse and remand.

FACTS

Ervin was charged by indictment with sexual assault. He, his attorney, and the prosecutor signed a plea agreement providing that Ervin would plead guilty and the prosecutor would recommend as punishment a "10 year cap [and] $1000 fine if prison time probated." Pursuant...

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