Taylor v. State, 44102.
| Decision Date | 16 September 1971 |
| Docket Number | No. 44102.,44102. |
| Citation | 470 S.W.2d 663 |
| Parties | Marshall TAYLOR, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Melvyn Carson Bruder, Dallas (Court appointed on appeal), for appellant.
Henry Wade, Dist. Atty., John J. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., Edgar A. Mason, Robert T. Baskett and James S. Moss, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.
This is an appeal from a robbery by assault conviction where the punishment was assessed at 12 years.
The sufficiency of the evidence is not challenged by the brief filed by appellant's appointed counsel.
Appellant initially complains the court erred in admitting into evidence at the penalty stage of the bifurcated trial a prior misdemeanor conviction for unlawfully carrying a prohibited weapon as part of his "prior criminal record." This contention is based on the fact that the certified copies of the formal judgment and sentence pertaining to such conviction which were offered in evidence are silent as to counsel for the appellant at the time.
First, it is observed that no objection was urged at the time these documents were introduced, and no claim is advanced even now that at the time of such conviction the appellant was indigent, without counsel and did not waive the right of counsel, or that he was deprived of counsel in any manner. See Walling v. State, Tex.Cr.App., 437 S.W.2d 563, 565.
It is noted that at the time of such misdemeanor conviction (January 12, 1966) Article 26.04, Vernon's Ann.C.C.P., provided for the appointment of counsel for indigent defendants charged with misdemeanor punishable by imprisonment.
In light of the record, we find no merit in appellant's first contention.
Next, appellant complains that a prior felony theft conviction for which he received probation was introduced as a part of his "prior criminal record" without any showing that his probation had been revoked.
No objection was addressed to the introduction of such conviction and appellant acknowledges that Glenn v. State, Tex.Cr. App., 442 S.W.2d 360, and Macias v. State, Tex.Cr.App., 451 S.W.2d 489, Article 37.07, Sec. 3(a), V.A.C.C.P. (1967), have been decided contrary to his contention. He asks, however, that this court re-evaluate the position it took in those cases. This we decline to do. The language of the statute is clear.
Lastly, appellant complains that he was...
To continue reading
Request your trial
-
Whalon v. State
...State, 489 S.W.2d 580 (Tex.Cr.App.1973), cited by appellant, does not stand for that proposition. Boss, supra, quotes Taylor v. State, 470 S.W.2d 663 (Tex.Cr.App.1971), which held "(f)irst, ... that no objection was urged at the time these documents were introduced, and no claim is advanced......
-
Harris v. State
...defendant to prove that he was indigent, without counsel, and did not voluntarily waive the right to counsel); Taylor v. State, 470 S.W.2d 663, 663-64 (Tex. Crim. App. 1971) (no error in penalty-stage admission of certified copies of judgment that were silent as to whether defendant had bee......
-
Bray v. State
...and that he was indigent and did not voluntarily waive his right to counsel. Boss v. State, Tex.Cr.App., 489 S.W.2d 580; Taylor v. State, Tex.Cr.App., 470 S.W.2d 663. In the instant case, no effort was made to controvert the appellant's testimony that he was indigent. Ex parte Williams, Tex......
-
Harris v. State
...the appellant was indigent, without counsel, did not waive counsel, or that he was deprived of counsel in any manner. Taylor v. State, 470 S.W.2d 663 (Tex.Cr.App.); see Palmer v. State, 475 S.W.2d 797 (Tex.Cr.App.); Vera v. State, 473 S.W.2d 22 (Tex.Cr.App.). No error is The judgment is aff......
-
Civil Litigation
...759 (Tex. 1995). 11. Turton v. State Bar of Texas , 775 S.W.2d 712 (Tex. App.—San Antonio 1989, rehearing ref’d ). 12. Taylor v. State , 470 S.W.2d 663 (Tex. Crim. App. 1971). 13. Mehlman v. State , 244 S.W.2d 523 (Tex. Crim. App. 1922). 14. Jones v. State , 13 S.W.2d 845 (Tex. Crim. App. 1......