Adam v. State, 46466
Decision Date | 07 February 1973 |
Docket Number | No. 46466,46466 |
Citation | 490 S.W.2d 189 |
Parties | Armando Herrera ADAM, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
Glenn B. Lacy, San Antonio, for appellant.
Ted Butler, Dist. Atty., Bill Harris and Richard D. Woods, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.
JACKSON, Commissioner.
Appellant entered a plea of guilty before the court to the offense of the sale of narcotics: to-wit, heroin; the court found him guilty and assessed punishment at six (6) years.
It is appellant's contention that the evidence will not support the judgment because he says that it shows from the report of Pat Dotson, undercover agent for the San Antonio Police Department, that appellant was acting as the agent of the buyer, see Smith v. State, Tex.Cr.App., 396 S.W.2d 876.
The statement in the police report of Dotson in evidence before the court, reads:
The report clearly does not raise the issue of accommodation agent but shows the approach to sell was first made by appellant.
As the record reflects, appellant was fully admonished before the trial court accepted his guilty plea pursuant to Art. 1.15, Vernon's Ann.C.C.P. Furthermore, appellant knowingly and voluntarily swore to and signed the written waiver and consent to stipulations which waived the appearance, confrontation, and cross-examination of witnesses by affidavits, written statements, and other documentary evidence. These statements and reports admitted into evidence clearly presented all the requisite elements of the offense charged. Hammond v. State, 470 S.W.2d 683 (Tex.Cr.App.1971).
While the written waiver and consent to stipulations does...
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