Davis v. State

Court of Criminal Appeals of Texas

Davis v. State

529 S.W.2d 547, 1975 Tex. Crim. App. LEXIS 1163

Court of Criminal Appeals of Texas·Decided November 19, 1975·No. 50771·Published·Cited by 9 cases

Opinions

OPINION

ODOM, Judge.

This is an appeal from a conviction for rape. The trial court accepted appellant’s plea of guilty on July 12,1974, after properly admonishing him in accordance with Art. 26.13, V.A.C.C.P. Appellant judicially confessed to the offense of rape. The court assessed punishment at fifteen years.

In his first ground of error, appellant complains of the representation accorded him at the entering of his guilty plea. In support of this ground of error, he relies entirely upon the evidence produced at a hearing held September 16, 1974, approxi[548] mately two months after the filing of his motion for new trial and long in excess of twenty days from such filing. If the hearing was upon that motion, it was unauthorized and cannot be considered by us. Morgan v. State, Tex.Cr.App., 519 S.W.2d 449; Boykin v. State, Tex.Cr.App., 516 S.W.2d 946. If unrelated to the motion for new trial, it is not urged upon what ground it would have been authorized as part of the proceedings in the instant cause at a date some two months after pronouncement of sentence,¹ and we are aware of no authority for a hearing such as was held in this case. See McCall v. State, Tex.Cr.App., 512 S.W.2d 334. With no predicate in the record to support appellant’s contention, we are compelled to overrule the ground of error.

The second ground of error raises the issue of effective assistance of counsel. In support of this ground of error, the appellant vaguely avers as follows: “Appellant’s conviction was a mockery of justice and a mere sham, as reflected by the entirety of the record.” He provides no example of any alleged incompetence by his court-appointed attorney, nor does he refer us to any portion of the record. Nothing is presented for review. Art. 40.09(9), V.A.C. C.P.; see Hurd v. State, Tex.Cr.App., 513 S.W.2d 936; Arivette v. State, Tex.Cr.App., 513 S.W.2d 857. In addition, the record reflects no irregularity that we might review in the interest of justice, Art. 40.-09(13), V.A.C.C.P. The second ground of error is overruled.

The judgment is affirmed.

DOUGLAS, J., not participating.

Footnotes

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OPINION

ODOM, Judge.

This is an appeal from a conviction for rape. The trial court accepted appellant’s plea of guilty on July 12,1974, after properly admonishing him in accordance with Art. 26.13, V.A.C.C.P. Appellant judicially confessed to the offense of rape. The court assessed punishment at fifteen years.

In his first ground of error, appellant complains of the representation accorded him at the entering of his guilty plea. In support of this ground of error, he relies entirely upon the evidence produced at a hearing held September 16, 1974, approxi[548] mately two months after the filing of his motion for new trial and long in excess of twenty days from such filing. If the hearing was upon that motion, it was unauthorized and cannot be considered by us. Morgan v. State, Tex.Cr.App., 519 S.W.2d 449; Boykin v. State, Tex.Cr.App., 516 S.W.2d 946. If unrelated to the motion for new trial, it is not urged upon what ground it would have been authorized as part of the proceedings in the instant cause at a date some two months after pronouncement of sentence,¹ and we are aware of no authority for a hearing such as was held in this case. See McCall v. State, Tex.Cr.App., 512 S.W.2d 334. With no predicate in the record to support appellant’s contention, we are compelled to overrule the ground of error.

The second ground of error raises the issue of effective assistance of counsel. In support of this ground of error, the appellant vaguely avers as follows: “Appellant’s conviction was a mockery of justice and a mere sham, as reflected by the entirety of the record.” He provides no example of any alleged incompetence by his court-appointed attorney, nor does he refer us to any portion of the record. Nothing is presented for review. Art. 40.09(9), V.A.C. C.P.; see Hurd v. State, Tex.Cr.App., 513 S.W.2d 936; Arivette v. State, Tex.Cr.App., 513 S.W.2d 857. In addition, the record reflects no irregularity that we might review in the interest of justice, Art. 40.-09(13), V.A.C.C.P. The second ground of error is overruled.

The judgment is affirmed.

DOUGLAS, J., not participating.

Footnotes

Davis v. State, 529 S.W.2d 547, 1975 Tex. Crim. App. LEXIS 1163 (Tex. 1975).

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Footnotes

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