Graham v. State

In Graham v. State, 994 S.W.2d 651 (Tex. Crim. App. 1999), the Court unequivocally stated that the trial court must approve the immunity agreement: "The trial judge correctly held that without approval of the court the district attorney had no authority to grant immunity from prosecution." Id. at 656. Several sentences later, the Court stated: "Because there was no judicial approval of the agreement in this case, the Hardin County prosecutor could not and did not bind his office to refrain from prosecuting the defendant." Two sentences later, we stated: "But even though a prosecutor's agreement to transactional immunity is not, absent court approval, binding...."