Gonzales v. State

648 S.W.2d 724, 1983 Tex. App. LEXIS 3925
CourtCourt of Appeals of Texas
DecidedJanuary 28, 1983
DocketNo. 07-82-0108-CR
StatusPublished
Cited by1 cases

This text of 648 S.W.2d 724 (Gonzales 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.

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Gonzales v. State, 648 S.W.2d 724, 1983 Tex. App. LEXIS 3925 (Tex. Ct. App. 1983).

Opinion

BOYD, Justice.

Appellant Rudy Paul Gonzales brings this appeal from his conviction of burglary of a building. After a plea of guilty his punishment was assessed by the jury at fifteen years confinement in the Texas Department of Corrections and a fine of $500.00. For reasons hereinafter set out, we affirm the judgment of conviction.

Appellant raises three grounds of alleged error. In ground one he asserts error on the part of the trial court in failing to grant [725]*725appellant’s motion to dismiss for failure to provide a speedy trial under the Texas Speedy Trial Act. In ground two he argues error in the admission of his oral and written confessions into evidence as there was no adequate showing of an affirmative waiver of appellant’s “Miranda” rights. In ground three he reasons that the trial court erred in admitting appellant’s written confession into evidence as, he alleges, that confession was taken in violation of his right to remain silent.

The State’s evidence shows that late in the evening of August 7, 1981, the Air Cleaner Market, Inc. located in Lubbock, Texas was burglarized. Missing from the premises were a cash box, a Check Master check writer, a check book, some calculators and a television set. Appellant, who had been an employee, was arrested on August 14, 1981. On August 15, 1981, appellant was interviewed by Lubbock County Sheriff Keesee and Deputy Bill Drewell, at which time appellant was informed of his Miranda rights. As a result of this interview, appellant led the officers to a location where some of the stolen property was found. On August 18, 1981, after being again advised of his Miranda rights, appellant made a written confession.

On January 11, 1981, appellant was brought to trial upon the charge of burglary. After a preliminary hearing on a motion to suppress, the trial court ruled that both appellant’s oral and written statements would be admitted into evidence. Appellant then pled guilty to the indictment in chief and true to the enhancing paragraph for the commission of a previous offense. Trial then proceeded before the jury for assessment of punishment.

In considering ground one we note, as stated above, that a plea of guilty waives the rights accorded by Tex.Code Crim.P. art. 32A.02, commonly known as the Speedy Trial Act.

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Related

Stinnett v. State
720 S.W.2d 663 (Court of Appeals of Texas, 1986)

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Bluebook (online)
648 S.W.2d 724, 1983 Tex. App. LEXIS 3925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzales-v-state-texapp-1983.