Whelan v. State

Court of Criminal Appeals of Texas

Whelan v. State

472 S.W.2d 140

CourtCourt of Criminal Appeals of Texas

DecidedNovember 2, 1971

Docket44197

StatusPublished

Cited by4 cases

This text of 472 S.W.2d 140 (Whelan 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

Whelan v. State, 472 S.W.2d 140 (Tex. 1971).

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Opinion

OPINION

ROBERTS, Judge.

This is an appeal from a misdemeanor conviction on a plea of guilty to the offense of driving a motor vehicle upon a public highway while intoxicated. Punishment was assessed by the court at 120 days in the county jail and a fine of $50.

The appellant’s one ground of error is that the trial court did not admonish the defendant of the consequences of his plea of guilty and further states that Article 26.13, Vernon’s Ann.C.C.P., requires such admonishment.

This being a misdemeanor conviction, there is no necessity for the trial court to admonish the defendant on his plea of guilty. Gallegos v. State, Tex.Cr.App., 425 S.W.2d 648; Foster v. State, Tex.Cr.App., 422 S.W.2d 447; Albrecht v. State, Tex.Cr.App., 424 S.W.2d 447.

There being no error, the judgment of the trial court is affirmed.

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OPINION

ROBERTS, Judge.

This is an appeal from a misdemeanor conviction on a plea of guilty to the offense of driving a motor vehicle upon a public highway while intoxicated. Punishment was assessed by the court at 120 days in the county jail and a fine of $50.

The appellant’s one ground of error is that the trial court did not admonish the defendant of the consequences of his plea of guilty and further states that Article 26.13, Vernon’s Ann.C.C.P., requires such admonishment.

This being a misdemeanor conviction, there is no necessity for the trial court to admonish the defendant on his plea of guilty. Gallegos v. State, Tex.Cr.App., 425 S.W.2d 648; Foster v. State, Tex.Cr.App., 422 S.W.2d 447; Albrecht v. State, Tex.Cr.App., 424 S.W.2d 447.

There being no error, the judgment of the trial court is affirmed.

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472 S.W.2d 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whelan-v-state-texcrimapp-1971.

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