Taylor v. State

OPINION ON STATE’S MOTION FOR REHEARING

ODOM, Judge.

These are appeals from convictions for delivery of marihuana (62,924) and delivery of cocaine (62,926). On original submission both convictions were set aside. It was held that the admonishment at the guilty plea in the marihuana case did not meet the standards of Art. 26.13(a)(1) and (c), Y.A.C. C.P. The indictment in the cocaine case was held fundamentally defective.

We first reconsider the marihuana case. Art. 26.13, supra, provides in relevant part:

“(a) Prior to accepting a plea of guilty or a plea of nolo contendere, the court shall…