Legal Opinion · Dissent

High v. State

Court of Criminal Appeals of Texas

Decided March 11, 1998No. 1270-97Published

1DissentBaird, Judge

Appellant pled guilty to aggravated robbery and was sentenced to 60 years confine*639ment. The trial court wholly failed to admonish appellant regarding the range of punishment pursuant to Tex.Code Crim. Proc. Ann. art. 26.13(a)(1). The Court of Appeals reversed, relying upon Ex parte McAtee, 599 S.W.2d 335 (Tex.Cr.App.1980). High v. State, 962 S.W.2d 53 (Tex.App.— Houston [First Dist.] 1997). The majority now vacates that judgment and remands for a harm analysis to be conducted pursuant to Tex.R.App. P. 44.2.

Tex.Code Crim. Proc. Ann. art. 26.13 is unique in that it prescribes its own harm…

2Cases cited5 opinions

  1. Cain v. StateCourt of Criminal Appeals of Texas · 1997
  2. Matchett v. StateCourt of Criminal Appeals of Texas · 1996
  3. Ex Parte McAteeCourt of Criminal Appeals of Texas · 1980
  4. Morales v. StateCourt of Criminal Appeals of Texas · 1994
  5. High v. State, Texas Court of Appeals, 1st District (Houston)1997

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