Simpson v. State

Court of Criminal Appeals of Texas

Simpson v. State

455 S.W.2d 290, 1970 Tex. Crim. App. LEXIS 1608

CourtCourt of Criminal Appeals of Texas

DecidedJune 2, 1970

Docket42731

StatusPublished

Cited by3 cases

This text of 455 S.W.2d 290 (Simpson 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

Simpson v. State, 455 S.W.2d 290, 1970 Tex. Crim. App. LEXIS 1608 (Tex. 1970).

Pincite

Opinion

OPINION

ON MOTION TO REINSTATE

DOUGLAS, Judge.

The conviction is for assault with intent to rob; the punishment, four years.

This appeal was dismissed, because it was not shown that notice of appeal was given within ten days after the sentence was pronounced. It has been made to appear that notice of appeal was given in open court within the time prescribed by Article 44.08(c), Vernon’s Ann.C.C.P., and the appeal is now reinstated.

Appellant, represented by counsel, waived a jury trial and after being admonished, entered a plea of guilty before the court. He agreed in writing to stipulate the testimony and waived the appearance, confrontation and cross-examination of the witnesses.

Appellant contends that the evidence is insufficient to support the conviction. The affidavit of the appellant made before the district clerk, dated the day of the trial, was introduced. It shows that appellant and others made an assault, took ten dollars from Paul Adkins without his consent and with intent to appropriate it to their use and benefit. Other stipulated testimony was heard. The evidence is sufficient to support the conviction upon a plea of guilty before the court. See Ex parte Clark, 164 Tex.Cr.R., 299 S.W.2d 128.

Appellant’s contention that he entered the plea of guilty because he was led to believe that he might receive probation and that he thought he would get life if he did not is not supported in the record.

No reversible error has been shown.

The judgment is affirmed.

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

OPINION

ON MOTION TO REINSTATE

DOUGLAS, Judge.

The conviction is for assault with intent to rob; the punishment, four years.

This appeal was dismissed, because it was not shown that notice of appeal was given within ten days after the sentence was pronounced. It has been made to appear that notice of appeal was given in open court within the time prescribed by Article 44.08(c), Vernon’s Ann.C.C.P., and the appeal is now reinstated.

Appellant, represented by counsel, waived a jury trial and after being admonished, entered a plea of guilty before the court. He agreed in writing to stipulate the testimony and waived the appearance, confrontation and cross-examination of the witnesses.

Appellant contends that the evidence is insufficient to support the conviction. The affidavit of the appellant made before the district clerk, dated the day of the trial, was introduced. It shows that appellant and others made an assault, took ten dollars from Paul Adkins without his consent and with intent to appropriate it to their use and benefit. Other stipulated testimony was heard. The evidence is sufficient to support the conviction upon a plea of guilty before the court. See Ex parte Clark, 164 Tex.Cr.R., 299 S.W.2d 128.

Appellant’s contention that he entered the plea of guilty because he was led to believe that he might receive probation and that he thought he would get life if he did not is not supported in the record.

No reversible error has been shown.

The judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

455 S.W.2d 290, 1970 Tex. Crim. App. LEXIS 1608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpson-v-state-texcrimapp-1970.

Opinion

Related

Cite This Page — Counsel Stack