Richardson v. State, 44636
| Decision Date | 16 February 1972 |
| Docket Number | No. 44636,44636 |
| Citation | 475 S.W.2d 932 |
| Parties | Evert RICHARDSON, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Glen A. Barnard, of Chavez & Barnard, Harlingen, for appellant.
F. T. Graham, Dist. Atty., and Menton Murray, Jr., Asst. Dist. Atty., Brownsville, and Jim D. Vollers, State's Atty., Austin, for the State.
This is an appeal from a conviction for the offense of burglary with the intent to commit theft. The punishment was assessed by the court at two years.
After being properly admonished, the appellant entered a plea of guilty before the court. He entered a written waiver of a jury, the confrontation and cross-examination of witnesses and consented to the introduction of affidavits, written statements of witnesses and other documentary evidence by the State.
He now contends that the State's exhibits were not formally introduced and that the evidence is therefore insufficient to support the conviction under Article 1.15, Vernon's Ann.C.C.P.
After the court accepted the plea, the following occurred:
'MR. MURRAY (Assistant District Attorney): As State's Exhibit Number 1, the statement of Sherman Lowell Perry, the owner of the liquor store, 6980 East 14th Street, Brownsville, Cameron County, Texas: 'On December 25, 1970, some time between--"
The court interrupted and ascertained that counsel for appellant had been appointed for more than ten days. The prosecutor then began to tell the court what the statement contained and then the record reflects:
'MR. BARNARD (Defense Counsel): Yes, sir.
The appellant then stated to the court that he was celebrating or drinking too heavy and did not realize what he was doing and asked for probation. He also stated: 'This last case, the last time I was sent up, was for something I wouldn't have done in my right mind for no amount of money in the world,' and that he realized that his trouble was when he drank.
State's Exhibit No. 1, the statement of Sherman Perry, the owner of the burglarized liquor store, reflects that his store was broken into and a case of liquor was taken and that he saw a man carrying it out of his yard and it was reported to the police.
State's Exhibit No. 2, an affidavit by Ofelia Quintanilla Garcia, recites that she saw Evert Richardson coming out of the gate at the liquor store State's Exhibits 3, 4 and 5 were affidavits which also hibits 3, 4 and 5 were affidavits which also connected the...
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