Opinion

Standley v. State

  • 517 S.W.2d 538
  • 1975 Tex. Crim. App. LEXIS 825
Court
Court of Criminal Appeals of Texas
Filed
Jan 15, 1975
Status
Published
Author
Roberts
On the bench
Onion, Odom, Roberts, Morrison
Cited by
96 cases
Authority
More cited than 8.3%

holding that absent fundamental error, one who fails to appeal when placed on probation waives his right to review

How later courts described this case

  • holding that absent fundamental error, one who fails to appeal when placed on probation waives his right to review
  • holding that one who fails to appeal when placed on probation waives his right to review

Written by the judges who cited it.

The opinion

ROBERTS, Judge

(dissenting).

I must dissent from that portion of the majority opinion which seeks to overrule the case of Ex parte Roberts, 502 S.W.2d 802 (Tex.Cr.App.1974), an opinion handed down by a unanimous Court.

The question presented in Ex parte Roberts, supra, is not before the Court in the instant case which involves an appeal from a revocation of probation. No such appeal was taken in Ex parte Roberts, supra.

Ex parte Roberts did not involve a situation in which an objection at the time would have been unavailable because the cases creating the ground of objection had not been decided. Compare Ramirez v. State, 486 S.W.2d 373 (Tex.Cr.App.1972). It was not a situation in which a statutory condition precedent to the validity of some action had been created by the Legislature. Compare Ex parte Chavez, 482 S.W.2d 175 (Tex.Cr.App.1972).

Ex parte Roberts, supra, did involve a situation in which a glaring defect in the State’s pleading was not only waived at trial but was twice waived on opportunity for appeal. It was a situation in which the accused pled guilty, never urged any contention that his plea was involuntary or that any of his substantial rights were violated, and never contended that his plea *543 was made without adequate notice. It was, in short, a situation in which there was no showing of injury and in which almost everything possible had been done to waive the error.

I am convinced that the decision in Ex parte Roberts, supra, was correct, and that the majority goes to unnecessary lengths in order to overrule it. I dissent.

MORRISON, J., joins in this dissent.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.