Legal Opinion

Davis v. State

Court of Appeals of Texas

Decided January 31, 1985No. C14-83-363CRPublished

1Opinion of the Court

SEARS, Justice.

Appellant was convicted of aggravated sexual abuse of a child pursuant to TEX. PENAL CODE ANN. § 21.05 (Vernon 1974), and was sentenced to twenty years’ confinement. He argues that his conviction should be reversed because his plea of nolo contendere was involuntary. We agree and reverse the judgment.

Appellant pled not guilty and demanded and received a trial by jury. The State presented two witnesses, the victim and her brother. After they testified, Appellant’s attorneys called him to the stand in an attempt to persuade him to plead nolo contendere so that the court would…

2Cases cited6 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. Thomas v. StateCourt of Criminal Appeals of Texas · 1980
  3. Rodriguez v. StateCourt of Criminal Appeals of Texas · 1972
  4. Brown v. StateCourt of Criminal Appeals of Texas · 1973
  5. Koch v. StateCourt of Criminal Appeals of Texas · 1928

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