Legal Opinion

Wilson v. State

Court of Criminal Appeals of Texas

Decided July 22, 1970No. 42243PublishedCited by 31 opinions

1Opinion of the Court

OPINION

MORRISON, Judge.

The offense is possession of heroin with a prior conviction alleged for enhancement; the punishment, life. Upon a plea of guilty, the punishment was assessed by a jury.

Appellant first contends that the trial court should have granted his motion for new trial, because his plea of guilty was not a voluntary plea. He alleges that his attorney advised him that the district attorney would recommend a seven (7) year sentence if the plea was guilty. While it is true that appellant may have thought that he would only receive seven (7) years, such a sentence was not permissible…

2Cases cited3 opinions

  1. Thomas Lorenzo Williams v. Dr. George Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1966
  2. Miller v. StateCourt of Criminal Appeals of Texas · 1968
  3. Garcia v. StateCourt of Criminal Appeals of Texas · 1969

3Cited by31 opinions

  1. Ex Parte BattenfieldCourt of Criminal Appeals of Texas · 1971
  2. Ex Parte TaylorCourt of Criminal Appeals of Texas · 1975
  3. Reed v. StateCourt of Criminal Appeals of Texas · 1973
  4. Kane v. StateCourt of Criminal Appeals of Texas · 1972
  5. Rogers v. StateCourt of Criminal Appeals of Texas · 1972

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