Cuellar v. State, Nos. 49653
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
| Writing for the Court | DOUGLAS |
| Citation | 521 S.W.2d 277 |
| Docket Number | Nos. 49653 |
| Decision Date | 09 April 1975 |
| Parties | Richard CUELLAR, Appellant, v. The STATE of Texas, Appellee. Guillermo DURON, Appellant, v. The STATE of Texas, Appellee. Leonard GUERRA, Appellant, v. The STATE of Texas, Appellee. Raymond R. CASTILLO, Appellant, v. The STATE of Texas, Appellee. to 49656. |
Page 277
v.
The STATE of Texas, Appellee.
Guillermo DURON, Appellant,
v.
The STATE of Texas, Appellee.
Leonard GUERRA, Appellant,
v.
The STATE of Texas, Appellee.
Raymond R. CASTILLO, Appellant,
v.
The STATE of Texas, Appellee.
Joe L. Hernandez, Jesse B. Campos, Robert L. Vale and Jose A. Gamez, San Antonio, for appellants.
Ted Butler, Dist. Atty., Charles Roberts, Gus Wilcox and Douglas C. Young, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.
DOUGLAS, Judge.
These are appeals from convictions in a joint trial for the offense of rape. The court assessed punishment for Cuellar, Guerra and Castillo at ten years each and for Duron at eleven years.
We reverse for the trial court's failure to grant a legislative continuance.
The alleged crime occurred in November, 1971. Appellant Castillo, a juvenile, was certified by the juvenile court to be tried as an adult. The records reflect initially that the trial was set for June 5, 1972. On the 25th of May, 1972, Governor Preston Smith issued a proclamation calling a special session for the 62nd Legislature to bagin on June 14, 1972, 1 Texas Session Laws, Third Called Session, Page 13, 1973. Included in the records but bearing no file marks or signed orders by the judge are motions for continuance on behalf of each of the appellants dated the 5th of June, 1972, and signed by the Honorable R. L. 'Bob' Vale, a member of the House of Representatives, 62nd Legislature, requesting a continuance because of the above mentioned special session. No formal order appears in the record, but the case was continued until September 11, 1972.
On September 11, 1972, the trial began. On September 12, 1972, while the trial was in progress, Governor Smith issued a proclamation calling for another special session to commence September 18, 1972. 1 Texas Session Laws, 1972, Fourth Called Session, Page 13, 1973. On September 13, 1972, the
Page 279
Honorable R. L. Vale submitted a motion for legislative continuance on behalf of each of the appellants. The trial judge denied the motion and the trial continued. The jury returned verdicts of guilty at 7:55 p.m. on September 14, 1972. 1Appellants complain of the trial court's failure to grant the legislative continuance requested on September 13. Article 2168a, Vernon's Ann.Civ.St., provides:
'In all suits, either civil or criminal, or in matters of probate, pending in any court of this State at any time within thirty (30) days of a date when the Legislature is to be in Session, or at any time the Legislature is in Session, It shall be mandatory that the court continue such cause if it shall...
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Collier v. Poe, 69739
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