Hurwitz v. State

The “primary focus of the analysis [of the court below] is on substantial compliance” with Article 26.13, V.A.C.C.P. Hurwitz v. State, 673 S.W.2d 347, 351 (Tex. App. — Austin 1984). That analysis flows from its premise that the part of his admonishment as to range of punishment given by the judge of the trial court is “erroneous,” id., at 350. In my view, however, what is erroneous is that premise.

A few days before the guilty plea hearing the trial court had overruled a motion to quash the indictment founded on the holding in Crisp v. State, 643 S.W.2d 487 (Tex.App. — Austin 1982), affirmed,…