holding that “no other matter [is] appealable” under notice of appeal limited to issues raised by pre-trial motions and dismissing appeal asserting only legal sufficiency complaint
How later courts described this case
- holding that “no other matter [is] appealable” under notice of appeal limited to issues raised by pre-trial motions and dismissing appeal asserting only legal sufficiency complaint
- “[W]e have held the evidence sufficient when the accused has confirmed, by sworn testimony or written stipulation, that he had read and understood the indictment and that it was ‘true and correct’ or that he committed the particular offense alleged therein.”
- "examination of the record shows that the parties made clear to the trial court that appellant desired to appeal on matters raised by motion prior to trial," thus plea-bargaining defendant could not raise sufficiency of the evidence claims
- in appeal from plea bargain, jurisdiction extends only to issues raised in pre-trial motion, or within permission to appeal granted by trial court
Written by the judges who cited it.
The opinion
ON APPELLANT’S MOTION FOR LEAVE TO FILE MOTION FOR REHEARING
Appellant’s motion for rehearing on petition for discretionary review denied.
CLINTON, J., joined by TEAGUE and DUNCAN, JJ., dissenting.