[DOWNLOAD] "Reynaldo G. Cantu v. State Texas" by 842 The Texas Court of Criminal Appeals No. 53 # eBook PDF Kindle ePub Free
eBook details
- Title: Reynaldo G. Cantu v. State Texas
- Author : 842 The Texas Court of Criminal Appeals No. 53
- Release Date : January 16, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This is an appeal from a conviction for possession of heroin. Trial was before the court upon a plea of guilty. Punishment was assessed at two years. Initially appellant contends that the court erred in failing to conduct a pre-trial hearing on his motion to suppress evidence. He argues that the failure to conduct such a hearing left him no alternative but to enter a plea of guilty. Article 28.01, V.A.C.C.P., which authorizes the court to set any criminal case for a pre-trial hearing before it is set for trial upon the merits, is not mandatory upon the court but it is directed to the court's discretion. Hicks v. State, 508 S.W.2d 400 (Tex.Cr.App. 1974). No error is shown. Further, where a plea of guilty is voluntarily and understandingly made, all non-jurisdictional defects including claimed deprivation of federal due process are waived. Helms v. State, 484 S.W.2d 925 (Tex.Cr.App. 1972).
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