Gonzales v. State, 45357
| Decision Date | 03 May 1972 |
| Docket Number | No. 45357,45357 |
| Citation | 480 S.W.2d 663 |
| Parties | Carlos GONZALES, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Peter Torres, Jr., San Antonio (on appeal only), for appellant.
Ted Butler, Dist. Atty., Steve Takas and Antonio G. Cantu, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.
DALLY, Commissioner.
The conviction is for assault with intent to murder; the punishment, five years imprisonment.
The appellant, represented by retained counsel, with the consent and approval of the court and of the district attorney, waived a jury trial and entered a plea of guilty before the court.
After appellant had been admonished by the court as to the consequences of his plea of guilty, stipulated evidence and a judicial confession were filed and introduced. The appellant was found guilty as charged.
The appellant's grounds of error on appeal are as follows: (1) '. . . Appellant's guilty plea was not entered as an intelligent act with sufficient awareness of the relevant circumstances and the Court should have rejected the qualified guilty plea of the Appellant;' (2) the conviction is 'based on a qualified judicial confession and stipulations which were exculpatory and negated Defendant's guilt;' and (3) '. . . there was not sufficient evidence to support a conviction contrary to Article 1.15 of the Texas Code of Criminal Procedure.'
State's Exhibit Number One was admitted into evidence. It contained the appellant's judicial confession, a portion of which reads as follows:
After State's Exhibit Number One was received into evidence, the court's attention was directed to the portion of the stipulation just quoted. The court then explained the law of principals of the appellant and asked him if he was pleading guilty on that basis. The appellant replied that he was.
The record discloses that the appellant voluntarily and understandingly entered a plea of guilty to being a principal to the...
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Moon v. State
...and the plea is before the court without a jury. Burks v. State (145 Tex.Cr.R. 15), 165 S.W.2d 460 (Tex.Cr.App.1942); Gonzales v. State, 480 S.W.2d 663 (Tex.Cr.App.1972); Faz v. State, 510 S.W.2d 922 (Tex.Cr.App.1974); Trevino v. State, 519 S.W.2d 864 (Tex.Cr.App.1975); Cooper v. State, 537......
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Martin v. State, No. 08-02-00144-CR (Tex. App. 1/15/2004)
...has been waived and the plea is before the court without a jury. Burks v. State, 165 S.W.2d 460 (Tex.Crim.App. 1942); Gonzales v. State, 480 S.W.2d 663 (Tex.Crim.App. 1972); Faz v. State, 510 S.W.2d 922 (Tex.Crim.App. 1974); Trevino v. State, 519 S.W.2d 864 (Tex.Crim.App. 1975); Cooper v. S......
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Varela v. State, 54504
...or nolo contendere plea was before the court without a jury. Burks v. State, 145 Tex.Cr.R. 15, 165 S.W.2d 460 (1942); Gonzales v. State, 480 S.W.2d 663 (Tex.Cr.App.1972); Faz v. State, 510 S.W.2d 922 (Tex.Cr.App.1974); Trevino v. State, 519 S.W.2d 864 (Tex.Cr.App.1975); Cooper v. State, 537......
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Sommer v. State
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