(concurring).
I concur in the opinion affirming these causes. What happened during the' trial and further reasons for overruling many decisions should be discussed. Appellant pled guilty and the court sentenced him to seven years for each offense.
Appellant’s sole contention is that the trial court failed to comply with Article 26.13, V.A.C.C.P., when accepting appellant’s pleas of guilty. Specifically, he contends that the trial court did not question him about “fear” and “persuasion.”
The record reflects the following took place prior to the trial court’s acceptance of appellant’s plea of guilty:
“THE COURT: ... You are present in court on these two matters with attorney, Mr. Ray Schindler. Is Mr. Schindler of choice?
“MR. GUSTER: Yes, Sir.
“THE COURT: Have you discussed both of these cases fully and thoroughly with him?
“MR. GUSTER: Yes, Sir.
<< * Jjt
“THE COURT: Have you [Mr. Schindler] discussed both of these cases fully and thoroughly with him [appellant] ?
“MR. SCHINDLER: Yes, Sir.
“THE COURT: Are you personally satisfied he understands each of the indictments and the result of whatever plea he might enter to them ?
“MR. SCHINDLER: Yes, Sir.
“THE COURT: Do you believe the Defendant, Embry Lloyd Guster, to be of sound mind?
“MR. SCHINDLER: Yes, Sir.
*496“THE COURT: . . . How do you plead to this indictment charging' you with burglary with the intent to commit theft?
“MR. GUSTER: Guilty.
“THE COURT: Are you pleading guilty because you are guilty and not for some other reason?
“MR. GUSTER: Yes, Sir, because I am guilty.
“THE COURT: Now, in connection with this case, has any threat been made to you to cause you to enter this plea of guilty?
“MR. GUSTER: No, Sir.
“THE COURT: Has any promise been given to you, other than the recommendation that the lawyers are going to make to the court concerning this matter as a result of their plea bargaining negotiation process?
“MR. GUSTER: No, Sir.
<( * * *
“THE COURT: Now, I must caution you that the punishment for the felony offense of burglary with intent to commit theft can be confinement in the Department of Corrections for not less than two years, nor more than twelve years. While the court is going to hear and consider whatever recommendations these lawyers might make in these matters, do you understand, Embry Lloyd Guster, that the court is not bound or obligated to follow that recommendation?
“MR. GUSTER: Yes, Sir.
“THE COURT: Knowing that do you still want to continue in this plea of guilty ?
“MR. GUSTER: Yes, Sir.
“THE COURT: Are you a person of sound mind?
“MR. GUSTER: Yes, Sir.”
The Court proceeded to ask essentially the same questions of appellant on the felony theft charge and properly admonished him concerning the range of punishment for felony theft. Then the following occurred :
“THE COURT: Very well. I will ask you to state, Embry Lloyd Guster, for the record in these proceedings, what the recommendation in these two cases is that your attorney, Mr. Schindler, has told you is to be made to the court in regard to punishment in these two matters.
“MR. GUSTER: Seven years.
“THE COURT: Seven years’ confinement in the Texas Department of Corrections ?
“MR. GUSTER: Yes, Sir.
“THE COURT: In each case?
“MR. GUSTER: Yes, Sir.
“THE COURT: All right, Mr. Schindler, is this the recommendation, seven years that you have conveyed to your client, seven years’ confinement in the Texas Department of Corrections in each case, this recommendation is the recommendation that you have been discussing with the District Attorney?
“MR. SCHINDLER: Yes, Sir.
“THE COURT: And you have discussed this previously with the Defendant, Embry Lloyd Guster?
“MR. SCHINDLER: Yes, Sir. I have.
“THE COURT: Are you satisfied that he understands that this is what the punishment will be if the court finds it to be a proper recommendation ?
“MR. SCHINDLER: Yes, Sir.
“THE COURT: ... For the record, so that it will reflect further, has anyone told you in either of these cases that the punishment is going to be lighter or the Governor of the State will pardon you in either one or both *497of these matters if you entered a plea of guilty rather than having a jury trial ?
“MR. GUSTER: No, Sir.
“THE COURT: Very well. The court will accept your plea of guilty.
After the State placed on its evidence and both sides had rested, the following transpired:
“THE COURT: Both sides having rested, do I understand the recommendation that is being made to the court in these two matters is that of seven years’ confinement in the Texas Department of Corrections?
“MR. KARAM: (Prosecuting Attorney) Yes, Sir, Your Honor.
“MR. SCHINDLER: Yes, Sir.
“THE COURT: Embry Lloyd Guster, have you entered these pleas of guilty in these two cases because you are guilty or because of this favorable recommendation ?
“MR. GUSTER: Because I am guilty.”
The court then accepted the pleas.
The trial judge complied with Article 26.13, supra, by first properly admonishing the appellant concerning the range of punishment, and then determining, based on all the information at his disposal including questions asked and the responses given, that it plainly appeared that appellant was mentally competent and was uninfluenced by any consideration of fear or persuasion or delusive hope of pardon prompting him to plead guilty. See Valdez v. State, 507 S.W.2d 202 (Tex.Cr.App.1974); Gamez v. State, 506 S.W.2d 618 (Tex.Cr.App.1974); Tupper v. State, 506 S.W.2d 858 (Tex.Cr. App.1974); Bosworth v. State, 510 S.W.2d 334 (Tex.Cr.App.1974); and Atkins v. State, 515 S.W.2d 902 (Tex.Cr.App. 1974). See also Tellez v. State, Tex.Cr.App., 522 S.W.2d 500 (decided this date).
The voluntariness of a plea of guilty is certainly more obvious when the plea bargaining process and the understandings of the parties involved, especially those of the defendant, are all brought out in open court. That was the case here. The judge, realizing that plea negotiations had occurred prior to the trial, made sure that the appellant understood what had gone on and also emphasized that the trial judge was not bound by such recommendations.
This openness of the plea bargaining process can only help the administration of justice. There is no sham and there is no pretended ignorance of the prior dealings between the appellant’s attorney and the prosecuting attorney. This procedure is endorsed by the American Bar Association, Standards for Criminal Justice. The ABA Standard, Pleas of Guilty, Section 1.5, Approved Draft, 1968, states:
“The court should not accept a plea of guilty or nolo contendere without first determining that the plea is voluntary. By inquiry of the prosecuting attorney and defense counsel, the court should determine whether the tendered plea is the result of prior plea discussions and a plea agreement, and, if it is, what agreement has been reached. If the prosecuting attorney has agreed to seek charge or sentence concessions which must be approved by the court, the court must advise the defendant personally that the recommendations of the prosecuting attorney are not binding on the court. The court should then address the defendant personally and determine whether other promises or any force or threats were used to obtain the plea.”
It is important to emphasize that the trial judge is not involved in the plea bargaining process. But the inquiry in open court concerning the plea bargaining process enhances the trial judge’s capability of determining the voluntariness of the guilty plea. Such a procedure is recommended. See Williams v. State, Tex.Cr.App., 522 S.W.2d 483 (decided this date).