Brito Carrasco v. State

154 S.W.3d 127 (2005)

Oscar BRITO CARRASCO, Appellant,

v.

The STATE of Texas.

No. PD-0173-04.

Court of Criminal Appeals of Texas, En Banc.

January 19, 2005.

Mike Barclay, Alpine, for Appellant.

Frank D. Brown, District Atty., Alpine, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

WOMACK, J., delivered the opinion of the Court, in which KELLER, P.J., and PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

The issue in this case is whether a waiver and stipulation of evidence agreed to by an appellant may be binding on him, over his objection, at a subsequent…