Bartholomew v. State

674 S.W.2d 887, 1984 Tex. App. LEXIS 5774
CourtCourt of Appeals of Texas
DecidedJuly 5, 1984
DocketNos. 2-83-344-CR to 2-83-346-CR
StatusPublished

This text of 674 S.W.2d 887 (Bartholomew v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bartholomew v. State, 674 S.W.2d 887, 1984 Tex. App. LEXIS 5774 (Tex. Ct. App. 1984).

Opinion

OPINION

JOE SPURLOCK, II, Justice.

This appeal is from a plea of guilty to a jury upon three separate felony indictments charging aggravated kidnapping, aggravated rape, and aggravated robbery, all arising out of a single criminal episode. The trial was on the issue of punishment, which the jury assessed at 35 years for aggravated kidnapping, 35 years for aggravated rape, and 25 years and a $500.00 fine for aggravated robbery.

We affirm.

The appellant, Vernon Glenn Bartholomew, through appellate counsel, raises a single ground of error that the trial court-committed reversible error by its failure to withdraw his plea of guilty. He alleges evidence was presented which reasonably and fairly raised the issue of his innocence. He did not request a withdrawal of his plea, and objected to the court’s offer to withdraw his plea.

In addition to this ground of error urged by Bartholomew’s appellate counsel, we are asked to consider the following in appellant’s pro se brief: Bartholomew asserts pro se that (1) the trial court erred in disallowing the psychiatrist’s, Dr. Furber, professional recommendation concerning appellant, (2) the trial court erred by not permitting the testimony of witnesses for him, Janie Pitchford and her husband, concern[888]*888ing a previous time she felt threatened with rape and appellant’s help to prevent it; (3) the trial court erred in allowing a knife and stocking in as demonstrative evidence; (4) the trial court erred, in light of the alleged bias of the trial judge, in denying a requested change of venue; (5) an unclear ground of error regarding the age and races of the veniremen; (6) the trial court erred in allowing contradictory testimony of the prosecutrix, the victim; and (7) in failing to subpoena a detective.

We have carefully reviewed the record in the instant ease in regard to each allegation raised by Bartholomew in his pro se brief and find each ground, one through seven, to be wholly without merit. We overrule grounds of error one through seven and direct our attention to the sole ground of error as raised by his appellate counsel.

At arraignment, Bartholomew pled guilty to one count in each of the three indictments. A jury was impaneled to hear the punishment phase of the case. The appellant entered his guilty plea to all three indictments in the presence of the jury. The jury was excused and the appellant was properly admonished concerning his guilty pleas as follows:

THE COURT: Mr. Bartholomew, you have pled guilty to three different Indictments. When I talk to you the next few minutes we are discussing each and every one of the Indictments.
In each case are you pleading guilty because you are guilty and for no other reason?
THE DEFENDANT: Yes, sir, that’s right.
THE COURT: Has anybody threatened to harm you to force you to plead guilty?
THE DEFENDANT: No, sir.
THE COURT: Has anybody promised you any hope of pardon or reward to convince you to plead guilty?
THE DEFENDANT: No, they haven’t.
THE COURT: Are you pleading guilty out of any fear or persuasion?
THE DEFENDANT: No, I am not.
THE COURT: Is your pleas of guilty freely and voluntarily given in all means?
THE DEFENDANT: Yes, sir.
THE COURT: Do you understand upon your plea of guilty I must find you guilty and the jury may assess your punishment at not less that five nor more than ninety-nine years or life. In addition, they can fine you up to ten thousand dollars in each case.
THE DEFENDANT: Yes, sir.
THE COURT: Is your client competent to stand trial?
MR. PRICE: Yes, sir, he is.
THE COURT: Are we ready to proceed?
MR. PRICE: Yes.
THE COURT: I will accept the pleas as freely and voluntarily given by a competent Defendant.
Are we ready to proceed?

On appeal, Bartholomew argues contrary to his specific stance at trial. During the trial and immediately prior to the charge to the jury, the State suggested the court might change appellant’s plea to not guilty. Bartholomew vigorously objected and insisted both personally and through counsel that he was guilty. He further insisted that he needed to persist in that plea, expecting that to be the only way to have the jury consider his plea for probation.

THE COURT: Mr. Bartholomew, during the course of this case certain exculpatory evidence has been introduced, and I previously have told you and asked you if you were pleading guilty out of fear or persuasion or anybody forced you to or anybody promised you anything; is that true?
THE DEFENDANT: No, sir, it’s not.
THE COURT: I did not?
THE DEFENDANT: You informed me of that.
THE COURT: We are fixing to have the jury Charge and jury arguments. Have you discussed this case fully with your counsel?
THE DEFENDANT: Pretty much, yes, sir.
[889]*889THE COURT: Are you satisfied with his advice and counsel concerning your plea?
THE DEFENDANT: I think, yes, sir, I am satisfied.
THE COURT: Even at this late date if you wish to withdraw your plea of guilty I will permit you to withdraw your plea before the jury and enter a plea of not guilty for you, and we will submit the case on the basis that you pled not guilty.
Do you want to do that?
THE DEFENDANT: No, sir.
THE COURT: Are you satisfied that you have voluntarily pled guilty in these cases?
THE DEFENDANT: Yes, sir.
THE COURT: All right.
MR. PARRISH: Your Honor, the State at this time would request the Court considering enter pleas of not guilty on these three cases for the Defendant and submit it to the jury tomorrow.
MR. PRICE: Your Honor, we would oppose that because that would’ve changed our whole strategy if we had tried the case with an innocent plea.
THE COURT: I’ll ask you, Mr. Price. Are you satisfied in your own mind this is the proper strategy to take in this case?
MR. PRICE: Yes, sir.
THE COURT: You have so advised your client?
MR. PRICE: Yes, sir.
THE COURT: He has agreed to that strategy?
MR. PRICE: Yes, sir.
THE COURT: As his hired counsel that’s the strategy you and his family wish to proceed on?
MR. PRICE: Yes, sir.
THE COURT: Do you think there is any legal impediment to his plea of guilty?

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Bluebook (online)
674 S.W.2d 887, 1984 Tex. App. LEXIS 5774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartholomew-v-state-texapp-1984.