Craven v. State

Court of Criminal Appeals of Texas

Craven v. State

607 S.W.2d 527, 1980 Tex. Crim. App. LEXIS 1439

CourtCourt of Criminal Appeals of Texas

DecidedNovember 12, 1980

Docket61475

StatusPublished

Cited by20 cases

This text of 607 S.W.2d 527 (Craven 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

Craven v. State, 607 S.W.2d 527, 1980 Tex. Crim. App. LEXIS 1439 (Tex. 1980).

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Opinions

OPINION

W. C. DAVIS, Judge.

This is an appeal from a revocation of probation. On March 7,1975, the appellant entered a plea of guilty to burglary of a habitation. The court assessed punishment at five years imprisonment, but suspended the imposition of the sentence and placed the appellant on probation. On December 21, 1978, the court ordered appellant’s probation revoked and sentence was imposed.

Appellant urges that his conviction should be reversed because the evidence was insufficient to support the underlying conviction, in that the indictment charged burglary by entering and committing theft and the appellant judicially confessed to the offense of burglary with intent to commit [528]*528theft. This identical issue has recently been decided by this Court adversely to appellant’s position in Dinnery v. State, 592 S.W.2d 343 (Tex.Cr.App.1980) (Opinion on Motion for Rehearing). Dinnery v. State, supra, also involved an indictment which charged burglary by entering and committing theft and a judicial confession to the offense of burglary with intent to commit theft.

In Ex Parte Moffett, 542 S.W.2d 184 (Tex.Cr.App.1976), this Court allowed a collateral attack on an order revoking probation where there was no evidence to support the order. This is not a “no evidence” case, however. The appellant judicially confessed to burglary with intent to commit theft, and he also took the stand and pled guilty to the indictment. See Dinnery v. State, supra. In Dinnery v. State, supra, we concluded that the defendant’s judicial confession, standing alone, was sufficient to support the guilty plea, thereby finding no merit to the defendant’s contention that there was no evidence to support the underlying conviction. See also Traylor v. State, 561 S.W.2d 492 (Tex.Cr.App.1978).

As this appeal is an impermissible collateral attack on the sufficiency of the evidence to support the underlying conviction, the ground of error is overruled. The judgment is affirmed.

Before the court en banc.

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OPINION

W. C. DAVIS, Judge.

This is an appeal from a revocation of probation. On March 7,1975, the appellant entered a plea of guilty to burglary of a habitation. The court assessed punishment at five years imprisonment, but suspended the imposition of the sentence and placed the appellant on probation. On December 21, 1978, the court ordered appellant’s probation revoked and sentence was imposed.

Appellant urges that his conviction should be reversed because the evidence was insufficient to support the underlying conviction, in that the indictment charged burglary by entering and committing theft and the appellant judicially confessed to the offense of burglary with intent to commit [528]*528theft. This identical issue has recently been decided by this Court adversely to appellant’s position in Dinnery v. State, 592 S.W.2d 343 (Tex.Cr.App.1980) (Opinion on Motion for Rehearing). Dinnery v. State, supra, also involved an indictment which charged burglary by entering and committing theft and a judicial confession to the offense of burglary with intent to commit theft.

In Ex Parte Moffett, 542 S.W.2d 184 (Tex.Cr.App.1976), this Court allowed a collateral attack on an order revoking probation where there was no evidence to support the order. This is not a “no evidence” case, however. The appellant judicially confessed to burglary with intent to commit theft, and he also took the stand and pled guilty to the indictment. See Dinnery v. State, supra. In Dinnery v. State, supra, we concluded that the defendant’s judicial confession, standing alone, was sufficient to support the guilty plea, thereby finding no merit to the defendant’s contention that there was no evidence to support the underlying conviction. See also Traylor v. State, 561 S.W.2d 492 (Tex.Cr.App.1978).

As this appeal is an impermissible collateral attack on the sufficiency of the evidence to support the underlying conviction, the ground of error is overruled. The judgment is affirmed.

Before the court en banc.

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Bluebook (online)

607 S.W.2d 527, 1980 Tex. Crim. App. LEXIS 1439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craven-v-state-texcrimapp-1980.

Opinions

W. C. DAVIS, Judge.

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