Opinion

Moon v. State

  • 572 S.W.2d 681
  • 1978 Tex. Crim. App. LEXIS 1278
Court
Court of Criminal Appeals of Texas
Filed
Oct 4, 1978
Status
Published
Author
Dally
On the bench
Dally, Odom, Phillips, Roberts, Onion, Douglas
Cited by
160 cases
Authority
More cited than 99.4%

holding judge was not required to withdraw defendant’s plea of guilty supported by judicial confession when evidence introduced by defendant raised issue of his being guilty of a lesser offense

How later courts described this case

  • holding judge was not required to withdraw defendant’s plea of guilty supported by judicial confession when evidence introduced by defendant raised issue of his being guilty of a lesser offense
  • The trial court is not required to withdraw a plea of guilty sua sponte and enter a plea of not guilty for defendant when defendant enters a plea of guilty before court after waiving a jury, even if evidence is adduced that either makes the defendant’s innocence evident or reasonably and fairly raises an issue as to his guilt
  • there is no reason for trial court to withdraw guilty plea and enter plea of not guilty for defendant who has entered plea of guilty –17– after waiving jury; trial court will consider evidence submitted as trier of fact and may find defendant guilty of a lesser offense or not guilty
  • asserting it was too late to withdraw plea and that holding of Moon is dicta and advisory opinion

Written by the judges who cited it.

Distinguished

  • Distinguished by Roberto Gonzalez A/K/A Robert Reyna Gonzalez v. State (2011)

    Therefore, Moon is inapplicable to our analysis.
    Texas Court of Appeals, 13th DistrictJul 21, 2011Read it
  • Distinguished by Martin, Ruth Ann v. State (2004)

    Thus, the rationale of Moon is inapplicable.
    Texas Court of Appeals, 8th District (El Paso)Jan 15, 2004Read it

The opinion

OPINION ON THE STATE’S MOTION FOR REHEARING

DALLY, Judge.

The majority of the Court now adopts for its opinion the dissenting opinion on original submission. The “straw man” argument presented, the assumptions made, and the discussions concerning the voluntar-iness of the plea, in the opinion concurring in part and dissenting in part, are wholly irrelevant. The record reflects that the appellant was carefully admonished concerning his guilty plea and that his constitutional rights were fully protected, but in view of the opinion concurring in part and dissenting in part a portion of the record will be incorporated in an appendix to this opinion. This portion of the record shows the appellant was fully and completely admonished and that he was accorded due process.

The State’s Motion for Rehearing is granted; the judgment is affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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