Hector Javier Flores v. State

Court of Appeals of Texas

Hector Javier Flores v. State

DecidedFebruary 17, 1999

Docket04-97-00443-CR

StatusPublished

This text of Hector Javier Flores v. State (Hector Javier Flores 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

Hector Javier Flores v. State, (Tex. Ct. App. 1999).

Pincite

Opinion

No. 04-97-00443-CR

Hector Javier FLORES, Appellant

v.

The STATE of Texas, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 96-CR-3181W Honorable Sharon MacRae, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Tom Rickhoff, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: February 17, 1999

AFFIRMED

Hector Javier Flores appeals the trial court's judgment revoking his probation, asserting that his plea of "true" was involuntary because he was not admonished. We disagree and affirm the trial court's judgment.

Flores was charged with possession of a prohibited firearm. In accordance with a plea bargain, Flores pleaded guilty and was placed on community supervision for six years. After Flores failed to meet with his Supervision Officer, the State filed a motion to revoke probation. Flores pleaded "true" to violating condition five of his probation by not reporting to his Supervising Officer. The trial court granted the State's motion and sentenced Flores to six years imprisonment and a $1,000 fine. Flores now appeals on the sole ground that the trial court erred in failing to admonish him before the entry of his plea of "true" in accordance with the requirements of article 26.13 of the Texas Code of Criminal Procedure.

We review a trial court's judgment in a revocation of probation proceeding under the abuse of discretion standard. Lloyd v. State, 574 S.W.2d 159, 160 (Tex. Crim. App. [Panel Op.] 1978). The admonishment requirements of article 26.13(a) do not apply in a revocation of probation proceeding. See Harris v. State, 505 S.W.2d 576, 578 (Tex. Crim. App. 1974); Lanum v. State, 952 S.W.2d 36, 39 (Tex. App.--San Antonio 1997, no pet.). Therefore the trial court did not err in failing to admonish Flores before he pleaded "true." We overrule Flores' sole point of error and affirm the judgment of the trial court.

DO NOT PUBLISH

Return to
4th Court of Appeals Opinions

Free access — add to your briefcase to read the full text and ask questions with AI

No. 04-97-00443-CR

Hector Javier FLORES, Appellant

v.

The STATE of Texas, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 96-CR-3181W Honorable Sharon MacRae, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Tom Rickhoff, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: February 17, 1999

AFFIRMED

Hector Javier Flores appeals the trial court's judgment revoking his probation, asserting that his plea of "true" was involuntary because he was not admonished. We disagree and affirm the trial court's judgment.

Flores was charged with possession of a prohibited firearm. In accordance with a plea bargain, Flores pleaded guilty and was placed on community supervision for six years. After Flores failed to meet with his Supervision Officer, the State filed a motion to revoke probation. Flores pleaded "true" to violating condition five of his probation by not reporting to his Supervising Officer. The trial court granted the State's motion and sentenced Flores to six years imprisonment and a $1,000 fine. Flores now appeals on the sole ground that the trial court erred in failing to admonish him before the entry of his plea of "true" in accordance with the requirements of article 26.13 of the Texas Code of Criminal Procedure.

We review a trial court's judgment in a revocation of probation proceeding under the abuse of discretion standard. Lloyd v. State, 574 S.W.2d 159, 160 (Tex. Crim. App. [Panel Op.] 1978). The admonishment requirements of article 26.13(a) do not apply in a revocation of probation proceeding. See Harris v. State, 505 S.W.2d 576, 578 (Tex. Crim. App. 1974); Lanum v. State, 952 S.W.2d 36, 39 (Tex. App.--San Antonio 1997, no pet.). Therefore the trial court did not err in failing to admonish Flores before he pleaded "true." We overrule Flores' sole point of error and affirm the judgment of the trial court.

DO NOT PUBLISH

Return to
4th Court of Appeals Opinions

Cite This Page — Counsel Stack

Bluebook (online)

Hector Javier Flores v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hector-javier-flores-v-state-texapp-1999.

Opinion

Related

Cite This Page — Counsel Stack