Legal Opinion · Dissent

Gonzales v. State

Texas Court of Appeals, 13th District

Decided February 25, 1988No. 13-87-146-CRPublished

1DissentBenavides, Justice

I respectfully dissent. The appellant was admonished that he would receive no more than twenty years for the offense for which he was convicted. He was assessed punishment at twenty-five years. Under such circumstances, I feel the majority is incorrect in requiring the appellant to show that he was harmed by the improper admonishment, and in not finding that appellant’s due process rights were violated.

The majority correctly states that in this case that: (1) a proper admonishment would have informed appellant that the primary offense was punishable by confinement for not less than two or…

2Cases cited9 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Whitten v. StateCourt of Criminal Appeals of Texas · 1979
  3. Ex Parte McAteeCourt of Criminal Appeals of Texas · 1980
  4. Ricondo v. StateCourt of Criminal Appeals of Texas · 1982
  5. Weekley v. StateCourt of Criminal Appeals of Texas · 1980

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