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McDade v. State

562 S.W.2d 487, 1978 Tex. Crim. App. LEXIS 1070
CourtCourt of Criminal Appeals of Texas
DecidedMarch 8, 1978
Docket57253
StatusPublished
Cited by22 cases

This text of 562 S.W.2d 487 (McDade 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
McDade v. State, 562 S.W.2d 487, 1978 Tex. Crim. App. LEXIS 1070 (Tex. 1978).

Opinion

*488 OPINION

DOUGLAS, Judge.

Eddie McDade was convicted for burglary. His punishment was assessed at five years. On appeal he contends that he was not admonished by the trial judge as to range of punishment before the plea of guilty was accepted.

Initially McDade entered a plea of not guilty. After evidence was introduced, he informed the judge that he wanted to enter a plea of guilty. A full record of the proceedings is before this Court and it does not reflect that he was admonished as to the range of punishment before the judge accepted his plea. Under Article 26.13, V.A.C.C.P., this must be done before a plea of guilty may be accepted. See Murray v. State, 561 S.W.2d 821 (1977).

The judgment is reversed and the cause remanded.

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Bluebook (online)
562 S.W.2d 487, 1978 Tex. Crim. App. LEXIS 1070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdade-v-state-texcrimapp-1978.