Thomas v. State

OPINION

DALLY, Judge.

Appellant waived trial by jury and entered a plea of guilty before the court to the offense of possession of a controlled substance, namely, heroin. Art. 4476-15, Sec. 4.04, V.A.C.S. The court assessed punishment at imprisonment for five years in the Texas Department of Corrections.

In a single ground of error, appellant contends that the trial court erred by failing to sua sponte withdraw appellant’s plea of guilty when evidence was introduced which reasonably raised the question as to the appellant’s guilt.

The record contains a written judicial confession wherein the…