Araiza v. State

OPINION

OSBORN, Justice.

If a trial court holds a hearing on a late-filed motion to withdraw a plea of guilty, does the defendant have a due process right to be present? That is the question raised by this appeal. We conclude that the defendant does have a right to be present, and we reverse and remand to the trial court for the limited purpose of hearing such motion.

Miguel Reyes Araiza pled guilty on August 3, 1981, to a charge of burglary of habitation with intent to commit rape. The court accepted the plea, found the defendant guilty and sentenced him to seven years confinement. The…