DeVary v. State

There is much, much the majority does not tell. In footnote 1 it simply refers to the court’s admonishment as erroneous and then considerably clouds the case law concerning Articles 40.09, § 13, and 26.13, V.A. C.C.P.

This is an appeal from a conviction for possession of lysergic acid diethylamide with intent to deliver. Following appellant’s guilty plea before the court, the punishment was assessed at five (5) years’ imprisonment.

On appeal appellant, in his sole ground of error, claims the trial court erred and abused its discretion in its failure to hold a hearing on his motion to withdraw…