Blanco v. State, 13-88-151-CR
| Decision Date | 04 May 1989 |
| Docket Number | No. 13-88-151-CR,13-88-151-CR |
| Citation | 771 S.W.2d 598 |
| Parties | Jorge Felix BLANCO, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Appeals |
Juan Jose Martinez, Brownsville, for appellant.
Ben Euresti, Jr., County Crim. Dist. Atty., Brownsville, for appellee.
Before NYE, C.J., and SEERDEN and KENNEDY, JJ.
Appellant pleaded guilty to possession of marihuana in an amount more than 50 pounds but less than 200 pounds, a felony. The trial court assessed punishment at 20 years in the Texas Department of Corrections. By a sole point of error, appellant contends that the court erred in failing to admonish him about the effect of a guilty plea on a non-citizen of the United States as Tex.Code Crim.Proc.Ann. art. 26.13(a)(4) (Vernon Supp.1989) requires. The State has not favored us with a brief. We affirm the trial court's judgment.
The record shows that the trial court orally inquired of the appellant concerning the voluntariness of his guilty plea, whether he had been threatened, forced, or coerced, whether any promises had been made to him, whether he was competent to stand trial and whether he understood the charges and the proceedings. In addition the trial court admonished appellant of the range of punishment. Even though there was no plea bargain, the careful trial judge explained the effect of a plea bargain, had there been one.
The trial judge did not orally admonish appellant of the matters listed in art. 26.13(a)(4), which provides:
(4) the fact that if the defendant is not a citizen of the United States of America, a plea of guilty or nolo contendere for the offense charged may result in deportation, the exclusion from admission to this country, or the denial of naturalization under federal law,
although the judge knew appellant was a citizen of Mexico.
The trial judge also orally discussed with appellant the fact that he had signed a document entitled Written Waiver And Consent To Stipulation of Testimony, Waiver of Jury, and Plea of Guilty. The appellant affirmatively stated his attorney explained the contents of this document to him and interpreted it into the Spanish language. This document contains the admonition to non-citizens set out above. Appellant's attorney certified that he explained this document to appellant, that appellant understood it, and that he voluntarily and knowingly entered into it with the advice and consent of his attorney.
The trial judge entered her written...
To continue reading
Request your trial
-
Diaz v. State
...CRIM.PROC.ANN. art. 26.13(d) (Vernon 1989). Munoz v. State, 840 S.W.2d 69, 79 (Tex.App.--Corpus Christi 1992, pet. ref'd.); Blanco v. State, 771 S.W.2d 598, 599 (Tex.App.--Corpus Christi 1989, no pet.). In the instant case, the trial court orally admonished appellant in part, but relied in ......
-
Ex Parte Carbajal, No. 08-03-00297-CR (TX 8/5/2004)
...the statute. Singleton, 986 S.W.2d at 650. Article 26.13(d) allows the admonitions to be made either orally or in writing. Blanco v. State, 771 S.W.2d 598, 599 (Tex.App.-Corpus Christ 1989, no pet.). If the admonitions are made in writing, both the defendant and defense counsel must sign a ......
-
Perryman v. State
...FEDERAL CASES Coghlan v. Starkey, 852 F.2d 806 (5th Cir.1988) 3 Duncan v. Louisiana, 391 U.S. 145 (1968) 6 STATE CASES Blanco v. State, 771 S.W.2d 598 (Tex.App.-Corpus Christi 1989, no pet.) Carroll v. State, 975 S.W.2d 630 (Tex.Crim.App.1998) 7 Dinnery v. State, 592 S.W.2d 343 (Tex.Crim.Ap......
-
Lockridge v. State, No. 08-08-00139-CR (Tex. App. 3/17/2010)
...Tex. Code Crim. Proc. Ann. art. 26.13(d) (Vernon 2009); Meraz v. State, 950 S.W.2d 739, 742 (Tex. App.-El Paso 1997, no pet.); Blanco v. State, 771 S.W.2d 598, 599 (Tex. App.-Corpus Christ 1989, no pet.). When the record reveals that the trial court properly admonished the defendant regardi......