Degay v. State
| Decision Date | 10 June 1970 |
| Docket Number | No. 43011,43011 |
| Citation | 455 S.W.2d 205 |
| Parties | Frank W. DEGAY, Appellant, v. The STATE of Texas, Appellee |
| Court | Texas Court of Criminal Appeals |
S. Benton Davies, Jr., San Antonio, for appellant.
Ted Butler, Dist. Atty., Charles Butts, Bill White and Sparata Bitsis, Asst. Dist. Attys., San Antonio, Tex., and Jim D. Vollers, State's Atty., Austin, for the State.
The offense is robbery by assault; the punishment, 10 years' confinement in the Texas Department of Corrections.
On August 13, 1969, when this cause was called for trial the State waived and abandoned the second and third paragraphs of the indictment alleging prior non-capital felony convictions for the purpose of enhancement. The careful trial judge inquired of the appellant and his counsel if they had objections to such waiver and received a negative answer. The appellant personally answered 'No objection, Your Honor.'
Thereafter the appellant entered a plea of guilty to the primary offense, waived trial by jury and was duly admonished by the court as to the consequences of his plea before such plea was accepted by the court. The admonishment was as thorough as this writer has ever had occasion to witness.
Thereafter the appellant and counsel entered in a 'Written Waiver and Consent to Stipulation of Testimony and Stipulations' in accordance with Article 1.15, Vernon's Ann.C.C.P. In such instrument the appellant waived his privilege against self incrimination, the right of confrontation and right of cross-examination of Ruben Mata, the complaining witness, and of certain other named witnesses 'as well as any other witness that might be called by the State.' The appellant in such instrument agreed to the introduction of affidavits, written statements of witnesses and other documentary evidence which was attached to the above described instrument and marked State's Exhibit Nos. 2--6 and further agreed that such stipulations were to be considered as a part of the statement of facts and that the stipulated evidence was 'true and correct.' Included as an exhibit was the written statement of the complaining witness Mata detailing the alleged robbery and identifying the appellant as one of his assailants.
In such instrument the appellant also stipulated he was the identical person referred to in the attached exhibits and stipulated evidence and agreed to the further stipulation:
'The defendant and his attorney and the State's attorney agree, admit and stipulate and the defendant Judicially confesses that on the 10th day of July, 1968, did unlawfully make an assault upon Ruben Mata and without the consent of Ruben Mata take from his possession lawful money of the United States of America and the defendant admits he is guilty as charged in the indictment.' (emphasis supplied)
Still further, the appellant stipulated he was the identical person named in the indictment 'and that all the acts and allegations in the said indictment charging the offense of robbery by assault are true and correct and that the acts therein alleged occurred in Bexar County, Texas.'
Such instrument and stipulations were sworn to before the clerk by the appellant personally, joined in by the State and appellant's counsel and approved by the court and filed among the papers of the cause. Thereafter such instrument and stipulations and sworn admissions of the appellant were offered into evidence at which time the court inquired if the appellant had either read or had read to him 'the entire document together with the statements attached thereto?' The appellant replied 'I have, Your Honor' and also assured the court that the stipulations and admissions contained therein were freely and voluntarily given, after he had been advised of his rights. The instrument and stipulations were then received into evidence without objection.
Appellant's court appointed counsel...
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Morgan v. State
...executed a "Written Waiver and Consent to Stipulations of Testimony and Stipulations" on a form as described in DeGay v. State, 455 S.W.2d 205 (Tex.Cr.App.1970). The form included a written judicial confession of the charged offense and of the fact of the prior conviction. Attached to the f......
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Morris v. State, 197-84
...3 Sprinkle v. State, 456 S.W.2d 387 (Tex.Cr.App.1970); Waage v. State, 456 S.W.2d 388 (Tex.Cr.App.1970). See also DeGay v. State, 455 S.W.2d 205 (Tex.Cr.App.1970); McNeese v. State, 468 S.W.2d 801 (Tex.Cr.App.1981); Richardson v. State, 482 S.W.2d 645 (Tex.Cr.App.1972); Miles v. State, 486 ......
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Beaty v. State, s. 43692
...followed the highly desirable practice utilized and described in Price v. State, Tex.Cr.App., 449 S.W.2d 73. See also Degay v. State, Tex.Cr.App., 455 S.W.2d 205. The appellant filed his pro se briefs in the trial court attacking the sufficiency of the stipulated evidence offered to support......
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Blake v. State
...Tex.Cr.App., 446 S.W.2d 309; Perry v. State, Tex.Cr.App., 447 S.W.2d 910; Kinkead v. State, Tex.Cr.App., 458 S.W.2d 678; Degay v. State, Tex.Cr.App., 455 S.W.2d 205; Pitts v. State, Tex.Cr.App., 442 S.W.2d 389. Cf. Bates v. States, Tex.Cr.App., 456 S.W.2d 107 (dissenting Thereafter appellan......