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SHANKLE v. STATE

No. 2031-01.

119 S.W.3d 808 (2003)

Bruce Wayne SHANKLE, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

November 5, 2003.

Attorney(s) appearing for the Case

Bob D. Odom, Belton, for Appellant.

James T. Russell, Assistant District Attorney, Belton, Matthew Paul, State's Attorney, Austin, for State.

Before the court en banc.

WOMACK, J., delivered the unanimous opinion of the Court.

When a defendant pleads guilty to one offense pursuant to a plea-bargain agreement by which the State consented to an unadjudicated offense's being taken into account in assessing punishment, is the sentence for the offense a "punishment recommended by the prosecutor" for purposes of the rule that limits the right of plea-bargainers to appeal? We hold that it is.

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