Ex parte Jordan

Court of Criminal Appeals of Texas

Ex parte Jordan

490 S.W.2d 585, 1973 Tex. Crim. App. LEXIS 2342

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 14, 1973

DocketNo. 46460

StatusPublished

Cited by8 cases

This text of 490 S.W.2d 585 (Ex parte Jordan) 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

Ex parte Jordan, 490 S.W.2d 585, 1973 Tex. Crim. App. LEXIS 2342 (Tex. 1973).

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Opinion

OPINION

ROBERTS, Judge.

This is a habeas corpus proceeding under Article 11.07, Vernon’s Ann.C.C.P. The petitioner is confined in the Texas Department of Corrections under sentence in Cause No. 6710 of the District Court of the 88th Judicial District of Hardin County, on May 28, 1971, ordering his confinement for 20 years for the offense of statutory rape.

The petitioner argues that he was not properly admonished according to Article 26.13, V.A.C.C.P., when he entered a plea of guilty before the court. Both the trial judge and the State concede error.

This provision of the statute is mandatory. Crocker v. State, and cases cited therein, 485 S.W.2d 566 (Tex.Cr.App.1972).

[586]*586The petitioner has not served the maximum punishment which could be imposed for the offense of statutory rape; therefore, he is not entitled to be discharged from confinement. Ex parte Reno, 477 S.W.2d 292 (Tex.Cr.App.1972).

Petitioner is ordered released from confinement by the Department of Corrections and ordered delivered to the sheriff of Hardin County there to answer the indictment pending against him.

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