Cevalles v. State, 48970
Decision Date | 24 September 1974 |
Docket Number | No. 48970,48970 |
Citation | 513 S.W.2d 865 |
Parties | Joe Felipe CEVALLES, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
Bruce Robertson, Jr., San Antonio, for appellant.
Ted Butler, Dist. Atty., Gordon V. Armstrong, Lawrence R. Linnartz, Asst. Dist. Attys., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.
This is an appeal from a conviction for sale of heroin, wherein the punishment was assessed at ten (10) years.
The record reflects that on June 6, 1973, the appellant waived trial by jury and entered a plea of guilty before the court. Before the court accepted the plea, the appellant was admonished in accordance with Article 26.13, Vernon's Ann.C.C.P., and the trial court advised the appellant of the procedure that would be used, expressly advised him of his right of confrontation and cross-examination, right against self-incrimination, and obtained an express waiver by the appellant of those rights. Thereafter, the appellant executed a written waiver and consent to stipulation of evidence on forms like those described in De Gay v. State, 455 S.W.2d 205 (Tex.Cr.App.1970). In such instrument, signed and sworn to by appellant, he expressly waived his privilege against self-incrimination and right of confrontation and cross-examination and agreed that the testimony could be stipulated. In such sworn instrument appellant admitted that the allegations of the indictment were true and correct and added, 'I Joe Felipe Cevalles do admit confess and stipulate I sold Albert Chevera Heroin, on the 10 day of July 1972 as alleged (sic) in The indictment in Bexar County Texas.' Such instrument, with various State's exhibits, was introduced into evidence without objection.
It is, of course, well established that a 'judicial confession' is alone sufficient to sustain a conviction upon a guilty plea under the provisions of Article 1.15, Vernon's Ann.C.C.P. Sexton v. State, 476 S.W.2d 320 (Tex.Cr.App.1972); Knight v. State, 481 S.W.2d 143 (Tex.Cr.App.1972); Spruell v. State, 491 S.W.2d 115 (Tex.Cr.App.1973); Rose v. State, 465 S.W.2d 147 (Tex.Cr.App.1971).
Appellant does not challenge the sufficiency of the evidence, but contends despite the guilty plea and acknowledged authorities to the contrary the trial court erred in overruling his 'Motion for Omnibus Relief,' which included a 'Motion for Continuance,' and in overruling his 'Motion to Dismiss the Indictment,' and in accepting the guilty plea, and in finding him guilty since the State had intentionally procured the absence of a material witness, Jimmy Levine.
Appellant bases his contentions on the fact that at a hearing on his motion on November 17, 1972, months before he entered the guilty plea, it was established that Jimmy Levine was present and working with the undercover agent, Albert Chevara, at the time of the alleged sale of...
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Morgan v. State
...guilty. It is not the court's function to act as legal counsel for the appellant. (Emphasis supplied.) See also Cevalles v. State, 513 S.W.2d 865, 866 (Tex.Cr.App.1974). Mooney was clearly wrong in holding that the trial court must advise a defendant as to any effect of every stipulation, c......
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Morris v. State, 197-84
...890 (Tex.Cr.App.1964); DeGay v. State, supra; East v. State, 476 S.W.2d 292 (Tex.Cr.App.1972); Brown v. State, supra; Cevalles v. State, 513 S.W.2d 865 (Tex.Cr.App.1974); York v. State, 566 S.W.2d 936 (Tex.Cr.App.1978). Cf., Prochaska v. State, 587 S.W.2d 726 7 Sexton v. State, 476 S.W.2d 3......
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Dinnery v. State
...is well settled that a judicial confession, Standing alone, is sufficient to sustain a conviction upon a guilty plea, Cevalles v. State, 513 S.W.2d 865 (Tex.Cr.App.1974); Battiste v. State, 485 S.W.2d 781 (Tex.Cr.App.1972), and to satisfy the requirements of Article 1.15, V.A.C.C.P., Bishop......
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...a plea of guilty otherwise freely and voluntarily made. See also Franks v. State, 513 S.W.2d 584 (Tex.Cr.App.1974); Cevalles v. State, 513 S.W.2d 865 (Tex.Cr.App.1974). In Rose v. State, 465 S.W.2d 147 (Tex.Cr.App.1971), this Court held that the trial judge's failure to admonish the defenda......