DeVary v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for possession of lysergic acid diethylamide with intent to deliver. Punishment, upon appellant’s plea of guilty, was assessed at five years.

In his sole ground of error appellant contends that the trial court abused its discretion in its failure to hold a hearing on his motion to withdraw his plea of guilty. The record reveals that appellant pled guilty and was admonished under Art. 26.13, V.A. C.C.P.1 on October 4, 1979. At the subsequent hearing to assess punishment on November 29,1979, appellant moved the court to withdraw his plea.…