Zaragosa v. State, 48999
Decision Date | 18 December 1974 |
Docket Number | No. 48999,48999 |
Citation | 516 S.W.2d 685 |
Parties | Albert ZARAGOSA, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
Frank D. Johnson, San Antonio, for appellant.
Ted Butler, Dist. Atty., Dick Ryman and Douglas C. Young, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., Austin, for the State.
This is an appeal from a conviction for the offense of theft from the person. A prior conviction was alleged for enhancement purposes. Punishment was assessed by the court at seven years.
Graciela Reyes testified that on the 17th of May 1973, she was walking down Guadalupe Street in San Antonio when she felt someone pull her purse and break her shoulder strap. She looked and saw the appellant take her purse and run. A neighbor threw a treash can lid at him but he kept running. She got a neighbor who got her car and several women followed. She saw the appellant standing in the middle of a street that was being repaired and looking in this purse. He took something out of it and then threw the purse in the trash can. He started running again. When she retrieved her purse, some $17 in bills and some change was missing. A description was given to officers and appellant was arrested a short time later. He had approximately $15 on his person.
The sufficiency of the evidence is not challenged.
Appellant complains that the trial court erred in assessing the punishment. The indictment alleged theft from the person and that the appellant had been convicted of a like offense for robbery by assault. After the jury returned the verdict of guilty, appellant entered a plea of 'true' to the allegations concerning the prior conviction. The court dismissed the jury and assessed the punishment at a maximum under the theft from the person statute then in effect at seven years.
Article 37.07, Sections 1(a) and 1(b), Vernon's Ann.C.C.P., as amended by the Acts of the Legislature, 1973, provide:
Section 2(b) of Article 37.07 provides:
In Longoria v. State, 507 S.W.2d 753 (Tex.Cr.App.1974), the same contention was made and overruled. The Court noted that Section 1 provides that, except...
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...plea of "true" and assessed Steadman's punishment without the jury. TEX.CODE CRIM. PROC. ANN. art. 37.07, § 1(b); Zaragosa v. State, 516 S.W.2d 685, 686 (Tex.Crim.App. 1974); Corswell v. State, 679 S.W.2d 155, 156 (Tex.App.-Dallas 1984, no pet.); Lynch v. State, 635 S.W.2d 172, 174-75 (Tex.......
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...events occurred, under this Court's past decisions, the trial judge would have acted properly. Harvey v. State, supra; Zaragosa v. State, 516 S.W.2d 685 (Tex.Cr.App.1974); Ballard v. State, 438 S.W.2d 924 (Tex.Cr.App.1969); Pitcock v. State, 367 S.W.2d 864 (Tex.Cr.App.1963). We also point o......
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...only punishment that can be assessed. 5 In effect, under the circumstances the punishment was fixed by law. See and cf. Zaragosa v. State,516 S.W.2d 685 (Tex.Cr.App.1974), and cases there cited. Further, this court has recognized that an accused has no constitutional right to have a jury as......
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Steadman v. State, No. 10-03-00168-CR (TX 12/29/2004)
...of "true" and assessed Steadman's punishment without the jury. TEX. CODE CRIM. PROC. ANN. art. 37.07, § 1(b); Zaragosa v. State, 516 S.W.2d 685, 686 (Tex. Crim. App. 1974); Corswell v. State, 679 S.W.2d 155, 156 (Tex. App.-Dallas 1984, no pet.); Lynch v. State, 635 S.W.2d 172, 174-75 (Tex. ......