Wilson v. State, 43615

Decision Date07 April 1971
Docket NumberNo. 43615,43615
Citation465 S.W.2d 171
PartiesBennie WILSON, Appellant, v. The STATE of Texas, Appellee.
CourtTexas Court of Criminal Appeals

Kenneth L. Sanders, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Bill Miller, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the felony offense of shoplifting. The punishment was assessed by the court at ten years.

The appellant, after being duly admonished, in open court with his counsel waived the right to a trial by jury and entered a plea of guilty.

He now contends that the evidence is insufficient to support the conviction because the stipulated evidence is insufficient.

A judicial confession admitting all of the elements of the offense of felony shoplifting in substantially the same form as that in Smith v. State, Tex.Cr.App., 416 S.W.2d 425, was made. We again hold that a judicial confession is sufficient to support the conviction. See Soto v. State, Tex.Cr.App., 456 S.W.2d 389; Bell v. State, Tex.Cr.App., 455 S.W.2d 230.

The judgment is affirmed.

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2 cases
  • Higginbotham v. State
    • United States
    • Texas Court of Criminal Appeals
    • 17 Julio 1973
    ...See Schreiber v. State, 480 S.W.2d 688 (Tex.Cr.App.1972); Gonzales v. State, 480 S.W.2d 663 (Tex.Cr.App.1972); Wilson v. State, 465 S.W.2d 171 (Tex.Cr.App.1971); Rose v. State, 465 S.W.2d 147 (Tex.Cr.App.1971) and Adair v. State, 459 S.W.2d 446 The appellant's second ground of error urges t......
  • Milligan v. State, 45265
    • United States
    • Texas Court of Criminal Appeals
    • 5 Abril 1972
    ...v. State, 455 S.W.2d 230 (Tex.Cr.App.1970); Degay v. State, supra; Soto v. State, 456 S.W.2d 389 (Tex.Cr.App.1970); Wilson v. State, 465 S.W.2d 171 (Tex.Cr.App.1971). Cf. Beaty v. State, 466 S.W.2d 284 Appellant also challenges the constitutionality of the indeterminate sentence law. She cl......

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