Adam v. State, 46466

Decision Date07 February 1973
Docket NumberNo. 46466,46466
Citation490 S.W.2d 189
PartiesArmando Herrera ADAM, Appellant, v. The STATE of Texas, Appellee.
CourtTexas 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.

OPINION

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:

'Today the 28th day of January 1972, I (det. Pat Dotson) came into contact with one Armando Adam while I was working undercover in the role of a long hair drug user. During our contact Armando asked me if I wanted to buy a gram of heroin and I told him that I did. He said that he was ready to go to his connection to pick some up, and would I take him. We drove to the above location and Armando asked me for the $35.00 and I gave him three ten dollar bills and a five dollar bill. He left the car and went to a unknown house and returned and handed me a piece of yellow cellophane paper containing a white powder alleged to be heroin. I placed the gram in my pocket and left the above location. Armando was dropped off where he asked to be let off.'

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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22 cases
  • Morris v. State, 197-84
    • United States
    • Texas Court of Criminal Appeals
    • April 30, 1986
    ...cause." 2 Hammond v. State, 470 S.W.2d 683 (Tex.Cr.App.1971). See also Edwards v. State, 478 S.W.2d 473 (Tex.Cr.App.1972); Adam v. State, 490 S.W.2d 189 (Tex.Cr.App.1973); Brown v. State, 491 S.W.2d 135 (Tex.Cr.App.1973); Lee v. State, 505 S.W.2d 816 (Tex.Cr.App.1974); Trevino v. State, 519......
  • Dinnery v. State
    • United States
    • Texas Court of Criminal Appeals
    • October 10, 1979
    ...incorporation by reference of the indictment with use of the phrase, ". . . as charged in the indictment," citing Adam v. State, 9 490 S.W.2d 189 (Tex.Cr.App.1973); and Miles v. State, 10 486 S.W.2d 326 The instant case, however, presents a significantly disparate situation because, unlike ......
  • Menefee v. State
    • United States
    • Texas Court of Criminal Appeals
    • July 1, 2009
    ...v. State, supra at 940 (emphasis added). 27. Id. 28. 573 S.W.2d 533 (Tex.Crim.App.1978). 29. Id. at 535. 30. Relying on Adam v. State, 490 S.W.2d 189 (Tex.Crim.App.1973), and Miles v. State, 486 S.W.2d 326 (Tex.Crim.App.1972), we reiterated in Potts that "an affirmation of the indictment as......
  • Morgan v. State, 04-81-00292-CR
    • United States
    • Texas Court of Appeals
    • June 29, 1983
    ...did enter into the written stipulation wherein he admitted to the truthfulness of the allegations in the indictment. In Adams v. State, 490 S.W.2d 189 (Tex.Cr.App.1973), the exact same language was held to constitute a judicial confession. This type of "catch-all" stipulation is sufficient ......
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