Montalvo v. State
Decision Date | 01 November 1978 |
Docket Number | No. 1,No. 55568,55568,1 |
Citation | 572 S.W.2d 714 |
Parties | Manuel MONTALVO, Appellant, v. The STATE of Texas, Appellee |
Court | Texas Court of Criminal Appeals |
Stephen A. Hines, El Paso, for appellant.
Steve W. Simmons, Dist. Atty., Miguel J. Cervantes, El Paso, for the State.
Before ODOM, VOLLERS and W. C. DAVIS, JJ.
This is an appeal from a conviction for aggravated robbery. Appellant entered a plea of guilty before a jury, which assessed his punishment at eighteen years in the Texas Department of Corrections. 1
In his first ground of error, appellant contends that the trial court erred in failing to withdraw on its own motion appellant's plea of guilty, when a factual issue of appellant's guilt was raised during his testimony.
Appellant was convicted of aggravated robbery under V.T.C.A. Penal Code, Section 29.02, which provides "(a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 of this code and with intent to obtain or maintain control of the property, he: . . .
At trial, the complaining witness testified that appellant, along with a companion, entered a convenience store and pointed a pistol at him, at which time he gave appellant money. Evidence showed that appellant was arrested outside the store and that a pistol was found in his possession at that time. Appellant testified in his own behalf, and upon cross-examination the following testimony was adduced:
This is true even though no effort was made by defense counsel at any time during the trial to withdraw the plea and no objection was made to the court's charge to the jury instructing them that a finding of guilty be rendered, Woodberry v. State, 547 S.W.2d 629 (Tex.Cr.App.1977); Gates v. State, 543 S.W.2d 360 (Tex.Cr.App.1976), and even though the testimony of appellant himself may have shown him to...
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Hoffman v. State
...to withdraw the plea and even though the testimony of the defendant, himself, may show him to be guilty of the offense. Montalvo v. State, 572 S.W.2d 714, 715-16 (Tex.Crim.App. [Panel Op.] 1978). The evidence, however, must do more than just present a defensive issue; it must reasonably and......
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Martin v. State, No. 08-02-00144-CR (Tex. App. 1/15/2004)
...to render a verdict of guilty, and even though the defendant's testimony shows him to be guilty of the offense. Montalvo v. State, 572 S.W.2d 714, 715-16 (Tex.Crim.App. 1978); Steele v. State, 22 S.W.3d 550, 553 (Tex.App.-Fort Worth 2000, pet. ref'd). The Griffin court This rule is a vital ......
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Fairfield v. State
...should have been reversed and remanded for the failure of the trial court to so proceed." Accord and see generally Montalvo v. State, 572 S.W.2d 714 (Tex.Cr.App.1978); and Edwards v. State, 114 S.W.2d 572 With this understanding of the law regarding the entry of a plea of guilty before a ju......
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Mendez v. State
...S.W.2d 360 (Tex.Cr.App.1976). If a trial court fails to act in accordance with that rule, reversible error occurs. See Montalvo v. State, 572 S.W.2d 714 (Tex.Cr.App.1978); Woodberry v. State, 547 629 (Tex.Cr.App.1977); Gates v. State, supra; Cooper v. State, 537 S.W.2d 940 (Tex.Cr.App.1976)......