Opinion

Espinosa v. State

  • 493 S.W.2d 172
  • 1973 Tex. Crim. App. LEXIS 2415
Court
Court of Criminal Appeals of Texas
Filed
Apr 11, 1973
Status
Published
Author
Roberts
On the bench
Morrison, Onion
Cited by
28 cases
Authority
More cited than 10.8%

The opinion

*174 ROBERTS, Judge

(dissenting).

I am unable to agree with the majority that the admonishment given appellant reflects “sufficient compliance” with Article 26.13, V.A.C.C.P. As we stated in Rogers v. State, 479 S.W.2d 42 (Tex.Cr.App.1972), the admonishment cannot be supplied by inference, intendment or presumption. It appears to me that is exactly what the majority does here today. The fact remains that no inquiry was made of appellant as to whether or not he was pleading guilty because of any persuasion, or delusive hope of pardon. The statute is too plainly worded to misconstrue. To comply with it places a very small burden on the trial judge. If we bend a little today, where do we draw the line as to what does, in fact, constitute “sufficient compliance” ? See Crocker v. State, 485 S.W.2d 566 (Tex.Cr.App.1972) and Jefferson v. State, 486 S.W.2d 782 (Tex.Cr.App.1972).

I would reverse the judgment and remand the cause.

I respectfully dissent.

ONION, P. 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.

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