Ex Parte Taylor · 522 S.W.2d 479

Later courts went against this

Overruled implicitly by Fuller v. State, 1979 Tex. Crim. App. LEXIS 1292 (1979)
[1] Fuller implicitly overruled Ex parte Taylor, 522 S.W.2d 479 (Tex.Cr.App.1975), a case decided under the previous Art. 26.13.
Court of Criminal Appeals of TexasFeb 14, 1979impliedmedium confidenceRead it

The opinion

ROBERTS, Judge

(dissenting).

I dissent from the decision by the Court to deny petitioner leave to file his motion *483 for rehearing. I adhere firmly to the belief that a violation by the trial court of the mandate of Article 26.13, Vernon’s Ann.C.C.P., is still fundamental error. This case should not be used as a vehicle for abrogating the mandatory duties imposed upon the trial court by Article 26.13. See my dissenting opinions in Tellez v. State, 522 S.W.2d 500 (Tex.Cr.App., delivered April 30, 1975); Williams v. State, 522 S.W.2d 488 (Tex.Cr.App., delivered April 30, 1975); and Guster v. State, 522 S.W.2d 494 (Tex.Cr.App., delivered April 30, 1975).