Opinion

Morris v. State

  • 749 S.W.2d 772
  • 1986 Tex. Crim. App. LEXIS 1264
  • 1986 WL 54
Court
Court of Criminal Appeals of Texas
Filed
Apr 30, 1986
Status
Published
On the bench
Onion, Teague, Clinton, Duncan
Cited by
52 cases

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.

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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