Alonzo v. State

Court of Criminal Appeals of Texas

Alonzo v. State

462 S.W.2d 602, 1971 Tex. Crim. App. LEXIS 1944

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 20, 1971

DocketNo. 43353

StatusPublished

Cited by3 cases

This text of 462 S.W.2d 602 (Alonzo v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alonzo v. State, 462 S.W.2d 602, 1971 Tex. Crim. App. LEXIS 1944 (Tex. 1971).

Pincite

Opinion

MORRISON, Judge.

OPINION

This is a companion case to Alonzo v. State, Tex.Cr.App., 462 S.W.2d 603.

The offense is possession of narcotic paraphernalia; the punishment, twenty (20) years.

Appellant waived trial by jury and entered his plea of guilty before the court. All of the evidence offered by the State to support the guilty plea was stipulated evidence.

Appellant on appeal raises the question of the failure to comply with mandatory terms of Article 1.15, Vernon’s Ann.C.C.P., regarding stipulated testimony. Nowhere in the record do we find any written waiver by the appellant of the appearance, confrontation and cross-examination of the witnesses and consenting to introduction of stipulated testimony, nor any written approval by the court of such waiver and consent.

For the error pointed out, the judgment is reversed and the cause is remanded. See Rodriguez v. State, Tex.Cr.App., 442 S.W.2d 376, 383. See also Smith v. State, Tex.Cr.App., 416 S.W.2d 425, 426.

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