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MITSCHKE v. STATE

No. 2243-01.

129 S.W.3d 130 (2004)

John Thomas MITSCHKE, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

March 10, 2004.

Attorney(s) appearing for the Case

Lane D. Thibodeaux, Bryan, for appellant.

Douglas Howell, III, Assist. DA, Bryan, Matthew Paul, State's Attorney, Austin, for state.

Before the court en banc.

OPINION

JOHNSON, J., delivered the opinion of the Court in which PRICE, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., join.

"The distinction between `direct' and `collateral' consequences of a plea, while sometimes shaded in the relevant decision, turns on whether the result represents a definite, immediate and largely automatic effect on the range of the defendant's punishment." Thus says Cuthrell v. Director, Patuxent Institution,

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