XXXII. Plea Of Guilty To Jury = Jury Assesses Punishment

In re State ex rel. Tharp, 393 S.W.3d 751 (Tex.Crim.App. 2012, reh denied).

This case involves a Defendant who had already reached an agreement with the State. The trial judge, after speaking with the Defendant and ordering a PSI, decided he knew better than the State what the punishment should be and determined upon the Defendant’s plea of guilty to the jury that he would assess punishment. The State sought mandamus and argued that Art. 26. 14 provide that upon a plea of guilty to a jury in a felony case, that the jury will assess punishment. The only way around this is when the State agrees to waive its right to a jury trial which it refused to do in this case. The Court orders the case remanded back to the Trial Court with instruction that all relevant issues, including punishment, be submitted to jury.