Perkins v. State, 45258
| Decision Date | 18 October 1972 |
| Docket Number | No. 45258,45258 |
| Citation | 485 S.W.2d 792 |
| Parties | James William PERKINS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
James William Perkins, pro se.
Carol S. Vance, Dist. Atty., Phyllis Bell and Bert Graham, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.
The offense is felony theft with three prior convictions alleged for enhancement; the punishment, life.
We shall discuss the 'Allegations of Error' set forth in appellant's pro se brief. 1
He first contends that he was denied a speedy trial. The indictment was filed on November 25, 1970, and this trial began on March 9, 1971. In Robinson v. State, Tex.Cr.App., 470 S.W.2d 697, this court held that a delay did not violate the appellant's right to a speedy trial where he did not demand a speedy trial, did not seek a writ of mandamus from the Supreme Court, was not prejudiced by the delay, and where there is no indication of any intention on the State's part to prejudice or oppress the appellant. Further, the record reflects that during the preliminary colloquy the Court stated that he had 'been attempting to get this case to trial for you (appellant) for quite a while' and that on prior occasions attorneys appointed to represent the appellant had been discharged or were allowed to withdraw at appellant's request. Under the circumstances of this case, appellant's contention is without merit. Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972).
The second and sixth contentions involve the prior convictions alleged for enhancement. He claims that the State failed to prove his prior convictions in Cause #9067 and that the introduction of the 'pen-papers' of his three prior convictions violated his right to confrontation and cross-examination. State's Exhibits #3, #4, and #5 consist of the authenticated, certified copies of the original records of the Department of Corrections and contain the judgment of the prior convictions, including those in Cause #9067, together with the appellant's photographs and fingerprints. R. M. Mannix of the Houston Police Department's Identification Division testified that he had taken appellant's fingerprints two days earlier and that they were the same as those included in each exhibit. The prior convictions were proved in a manner approved by this court. Harrington v. State, Tex.Cr.App., 424 S.W.2d 237; Williams v. State, Tex.Cr.App., 441 S.W.2d 853; Childress v. State, Tex.Cr.App., 472 S.W.2d 133.
Appellant's third and fourth contentions are that the prior convictions in Causes #46,299 and #1235 were void because they did not reflect a signed waiver to stipulations of evidence or a signed waiver of a trial by jury and that he was not represented by counsel at any of the prior convictions. An examination of the judgments in Causes #46,299 and #1235 reflects that they were entered upon appellant's plea of guilty after he waived a jury in person and by attorney and that the court heard evidence and found the appellant guilty. If the record reflects the appellant was represented by counsel at sentencing, it becomes incumbent upon the appellant to prove any defect not apparent on the face of the formal sentence. Hill v. State, Tex.Cr.App., 472 S.W.2d 124. The assertions in the appellant's brief are insufficient to overcome the regularity and accuracy of the court's records. Martin v. State, Tex.Cr.App., 463 S.W.2d 449, and cases there cited.
His next contention is that he was denied the effective assistance of counsel at this trial. The record is clear that, well in advance of trial, the Court appointed the Honorable Buddy Stevens and the Honorable Sam Wilson to represent the appellant. On the date the case was called the appellant stated that he wanted to 'fire' his...
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Bingham v. State, 48263
...bar to the trial for the other. See Article, 1399, 1400, Vernon's Ann.P.C.; Warren v. State, Tex.Cr.App., 514 S.W.2d 458; Perkins v. State, Tex.Cr.App., 485 S.W.2d 792; Pena v. State, Tex.Cr.App., 442 S.W.2d 691; Ashcraft v. State, 155 Tex.Cr.App., 229 S.W.2d 813; Cooper v. State, 154 Tex.C......
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McKinney v. State
...Under the circumstances of the instant case, appellant's contention is non-meritorious. Barker v. Wingo, supra; Perkins v. State, 485 S.W.2d 792 (Tex.Cr.App.1972). Harris v. State, 489 S.W.2d 303 In his next ground of error, appellant contends that he has suffered 'double punishment' result......
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Ex parte McKenzie
...from the ordinary and inevitable delay.' See also Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972); Perkins v. State, Tex.Cr.App., 485 S.W.2d 792, McKinney v. State, Tex.Cr.App., 491 S.W.2d 404 In the present case, the applicant has made at least a prima facie showing of ......