DeVary v. State

In DeVary v. State, 615 S.W.2d 739 (Tex. Crim. App. 1981) the court of criminal appeals summarily overruled a point of error in which the defendant argued the trial court abused its discretion in denying his motion to withdraw his plea without a hearing. After citing the standards applicable to plea withdrawal before and after a court takes the case under advisement, the court stated: "Appellant's decision to withdraw his plea was too late since the court had two months earlier taken the matter under advisement. Under these circumstances we find no abuse of discretion in the court's overruling appellant's motion to withdraw his plea." Id.