Crawford v. State, 43699
Citation | 466 S.W.2d 319 |
Decision Date | 05 May 1971 |
Docket Number | No. 43699,43699 |
Parties | James David CRAWFORD, Appellant, v. The STATE of Texas, Appellee. |
Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
Humphreys, McLeaish & Eberstein, Dallas, for appellant.
Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., Edgar A. Mason and W. T. Westmoreland, Jr., Asst.Dist.Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.
This appeal is from a conviction for the offense of unlawful possession of a narcotic drug, to-wit: marihuana, following a plea of nolo contendere before a jury. The punishment was assessed at two years, but imposition of the sentence was suspended and the appellant was placed on probation.
The record reflects that after the jury was impaneled, it was retired and a hearing on appellant's motion to suppress the evidence was conducted. At the conclusion overruled the same and the jury was returned.
Thereafter, the statement of facts reveals the following:
The evidence was then presented without the appellant having been admonished by the court of the consequences of his plea, as required by Art. 26.13 Vernon's Ann.C.C.P., which states:
'If the defendant pleads guilty, or enters a plea of nolo contendere he shall be admonished by the court of the consequences; and neither of such pleas shall be received unless it plainly appears that he is sane, and is uninfluenced by any consideration of fear, or by any persuasion, or delusive hope of pardon, prompting him to confess his guilt.'
The provisions of Art. 26.13, supra, are mandatory, and the failure of the trial court to comply therewith is reversible error. Williams v. State, Tex.Cr.App., 415 S.W.2d 917; Braggs v. State, 169 Tex.Cr.R. 405, 334 S.W.2d 793; Alexander v. State, 163 Tex.Cr.R. 53, 288 S.W.2d 779. Noncompliance with said statute may be raised at any time. Williams v. State, supra. In the interest of justice, we consider the noncompliance as unassigned error under Art. 40.09, Sec. 13, V.A.C.C.P. See Butler v. State, Tex.Cr.App., ...
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Ex parte Taylor
...Ex parte Humphrey, 456 S.W.2d 118 (Tex.Cr.App.1970); Ex parte Battenfield, 466 S.W.2d 569 (Tex.Cr.App.1971); Crawford v. State, 466 S.W.2d 319 (Tex.Cr.App.1971); Vasquez v. State, 477 S.W.2d 629 (Tex.Cr.App.1972), and further, that failure to comply with the provisions of Article 501, supra......
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Walker v. State
...424 S.W.2d 430 (Tex.Cr.App.1968); Ex parte Humphrey, 456 S.W.2d 118 (Tex.Cr.App.1970); Ex parte Battenfield, supra; Crawford v. State, 466 S.W.2d 319 (Tex.Cr.App.1971); Vasquez v. State, 477 S.W.2d 629 (Tex.Cr.App.1972); Loudd v. State, 474 S.W.2d 200 (Tex.Cr.App.1971); Alvarez v. State, 51......
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Bosworth v. State
...supra; Ex parte Humphrey, 456 S.W.2d 118 (Tex.Cr.App.1970); Ex parte Battenfield, 466 S.W.2d 569 (Tex.Cr.App.1971); Crawford v. State, 466 S.W.2d 319 (Tex.Cr.App.1971); Vasquez v. State, 477 S.W.2d 629 (Tex.Cr.App.1972). Cf., however, Valdez v. State, 479 S.W.2d 927 (Tex.Cr.App.1972); Jorde......
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