Pigg v. State
| Citation | 508 S.W.2d 652 |
| Decision Date | 01 May 1974 |
| Docket Number | No. 48165,48165 |
| Parties | Cecil Earl PIGG, Appellant, v. The STATE of Texas, Appellee. |
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
Benny J. Lowe, of Alexander, McDonald & Lowe, Odessa, for appellant.
John Green, Dist. Atty., & Dennis Cadra, Asst. Dist. Atty., Odessa, and Jim D. Vollers, State's Atty., Austin, for the State.
JACKSON, Commissioner.
Appellant was convicted on a plea of guilty of robbery by assault; punishment was assessed by the jury at twenty-eight (28) years.
The case presents fundamental error which must be considered in the interest of justice. See Art. 40.09, § 13, Vernon's Ann.C.C.P.
The record reflects that upon learning of the appellant's desire to plead guilty to the charge the court admonished the appellant in the following manner:
The above admonition in no way inquired as to fear, persuasion, or delusive hope of pardon prompting him to confess his guilt. Inquiry concerning these considerations is requisite for compliance with Art. 26.13, V.A.C.C.P. Harris v. State, Tex.Cr.App., 500 S.W.2d 126; McNeal v. State, Tex.Cr.App., 499 S.W.2d 173; Ex parte Harvey, Tex.Cr.App., 495 S.W.2d 229; Prudhomme v. State, Tex.Cr.App., 495 S.W.2d 941.
For the error shown the judgment is reversed and the cause remanded.
Opinion approved by the Court.
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Walker v. State
...as to an inquiry as to 'fear' was still alive and well. See also Ex parte Watson, 508 S.W.2d 399 (Tex.Cr.App.1974); Pigg v. State, 508 S.W.2d 652 (Tex.Cr.App.1974); Cevilla v. State, 515 S.W.2d 676 In Guster v. State, supra, the court was confronted with an admonishment which did not includ......
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Guster v. State
...as to an inquiry as to Fear was still alive and well. See also Ex parte Watson, 508 S.W.2d 399 (Tex.Cr.App.1974); Pigg v. State, 508 S.W.2d 652 (Tex.Cr.App.1974); Cevilla v. State, 515 S.W.2d 676 Now confronted in the instant case with an admonishment which did not include either 'fear' or ......
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Pinson v. State
...and well. See Wade v. State, 511 S.W.2d 7 (Tex.Cr.App.1974). See also Ex parte Watson, 508 S.W.2d 399 (Tex.Cr.App.1974); Pigg v. State, 508 S.W.2d 652 (Tex.Cr.App.1974); Cevilla v. State, 515 S.W.2d 676 When confronted, however, with an admonishment that did not include any inquiry as to 'f......
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Williams v. State, 49498
...the cases overruled include Cevilla v. State, Tex.Cr.App., 515 S.W.2d 676; Alvarez v. State, Tex.Cr.App., 511 S.W.2d 521; Pigg v. State, Tex.Cr.App., 508 S.W.2d 652; Heathcock v. State, Tex.Cr.App., 494 S.W.2d 570; and Jefferson v. State, Tex.Cr.App., 486 S.W.2d ...