Ramirez v. State, 45807
| Decision Date | 08 November 1972 |
| Docket Number | No. 45807,45807 |
| Citation | 486 S.W.2d 373 |
| Parties | Ramon RAMIREZ, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
John F. Dominguez, Mercedes, C. R. Baird, Edinburg, for appellant.
Oscar B. McInnis, Dist. Atty., and Joseph L. Nanus, Asst. Dist. Atty., Edinburg, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.
This is an appeal from an order revoking probation.
On July 10, 1970, the appellant pled guilty to the offense of child desertion, subsequent offense, and was assessed punishment at five years, probated. The conditions of his probation, among other things, were that he commit no offense against the laws of this State, report to his probation officer monthly, and make child support payments weekly.
On August 30, 1971, a motion to revoke his probation was filed. It alleged that appellant had stolen certain corporeal personal property belonging to one Jerome Lusk; that he had committed an aggravated assault upon Yolanda Perez, a female; that he was in arrears on his child support payments; and that he had failed to report to his probation officer as required.
On November 22, 1971, a hearing was held. The allegations set out in the State's motion to revoke probation were found to be true and revocation was so ordered.
Appellant alleges that the conviction obtained in 1965 and upon which the child desertion, subsequent offense, conviction of July 10, 1970 was based is invalid because he was without counsel in those proceedings and was not informed of his right to counsel.
At the revocation hearing appellant testified that at the time of his conviction in 1965 he did not have counsel nor did he have the money to retain counsel. Further, he stated that at no time was he advised of his right to counsel and that he pled guilty in Cause No. CR--5037 in Hidalgo County, Texas, on March 16, 1965, in order to get out of jail. The record does not reflect any controverting evidence by the State. 'Absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial.' Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972). In Ex parte Taylor, 484 S.W.2d 748 (1972), this Court considered this very question and held that absent an intentional knowing waiver such defect was not cured. This Court wrote that:
It is uncontroverted that at the trial for the misdemeanor offense the appellant was not advised of his right to counse...
To continue reading
Request your trial
-
Empy v. State
...v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972); Walker v. State, 486 S.W.2d 330 (Tex.Cr.App.1972); Ramirez v. State, 486 S.W.2d 373 (Tex.Cr.App.1972)." This sentence is susceptible of misinterpretation. Let us examine the cases relied on for the statement quoted from Ex parte ......
-
Hogue v. Johnson
...involve a prior conviction or evidence thereof nor does it address any aspect of the contemporaneous objection rule.Ramirez v. State, 486 S.W.2d 373 (Tex.Crim.App.1972), was an appeal from the revocation of probation in which the underlying conviction was a 1970 plea of guilty to the felony......
-
Dinnery v. State
...See, e. g., Chavez v. State, 375 S.W.2d 729 (Tex.Cr.App.1964); Patterson v. State, 487 S.W.2d 736 (Tex.Cr.App.1972). In Ramirez v. State, 486 S.W.2d 373 (Tex.Cr.App.1972), however, this court "Ordinarily, collateral attacks are not permitted on the original conviction upon which probation h......
-
Basaldua v. State
...separate habeas corpus application would require a useless thing. See Rice v. State, 548 S.W.2d 725 (Tex.Cr.App.1977); Ramirez v. State, 486 S.W.2d 373 (Tex.Cr.App.1972); Taylor v. State, 482 S.W.2d 246 (Tex.Cr.App.1972). We conclude that the facts raise a proper habeas corpus issue and fal......