Alonzo v. State, 43353
| Decision Date | 20 January 1971 |
| Docket Number | No. 43353,43353 |
| Citation | 462 S.W.2d 602 |
| Parties | Pedro Gonzales ALONZO, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Patrick D. Burke, San Antonio, (On Appeal Only), for appellant.
Ted Butler, Dist. Atty., Charles Conaway and Sparta Bitsis, Asst. Dist. Attys., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.
OPINION
This is a companion case to Alonzo v. State, Tex.Cr.App., 462 S.W.2d 603.
The offense is possession of narcotic paraphernalia; the punishment, twenty (20) years.
Appellant waived trial by jury and entered his plea of guilty before the court. All of the evidence offered by the State to support the guilty plea was stipulated evidence.
Appellant on appeal raises the question of the failure to comply with mandatory terms of Article 1.15, Vernon's Ann.C.C.P., regarding stipulated testimony. Nowhere in the record do we find any written waiver by the appellant of the appearance, confrontation and cross-examination of the witnesses and consenting to introduction of stipulated testimony, nor any written approval by the court of such waiver and consent.
For the error point out, the judgment is reversed and the cause is remanded. See Rodriguez v. State, Tex.Cr.App., 442 S.W.2d 376, 383. See also Smith v. State, Tex.Cr.App., 416 S.W.2d 425, 426.
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...although he entered a plea of guilty." Navarro v. State, 141 Tex.Cr.R. 196, 147 S.W.2d 1081, at 1084 (1941); see, e.g., Alonzo v. State, 462 S.W.2d 602 (Tex.Cr.App.1971); Alexander v. State, 163 Tex.Cr.R 53, 288 S.W.2d 779 (1956). "The right of appeal, where authorized, is a valuable right ......
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Elder v. State, 42966
...oral or written of the appearance, confrontation and cross-examination of such witness as required by such statute. See Alonzo v. State, Tex.Cr.App., 462 S.W.2d 602. The testimony of such witness and his report formed a vital part of the State's The statute in question expresses its purpose......
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Alonzo v. State, 43354.
...Antonio, and Jim D. Vollers, State's Atty., Austin, for the State. MORRISON, Judge. OPINION This is a companion case to Alonzo v. State, Tex.Cr.App., 462 S.W.2d 602. The offense is possession of heroin; the punishment, twenty (20) Appellant waived trial by jury and entered a plea of guilty ......