Legal Opinion

Ochoa v. State

Court of Criminal Appeals of Texas

Decided April 26, 1972No. 45305PublishedCited by 98 opinions

1Opinion of the Court

OPINION

ONION, Presiding Judge.

Appellant pled guilty to the offense of murder under the provisions of Article 802c, Vernon’s Ann.P.C. The punishment was assessed by the jury at 5 years.

Appellant’s sole ground of error is that the court erred in allowing “the prosecutor to present to the jury evidence for enhancement and impeachment purposes, prejudicial testimony on two constitutionally void misdemeanor convictions thereby denying appellant due process.” We do not agree.

This was a plea of guilty before a jury to a felony charge and it is well established that such a plea admits the existence…

2Cases cited21 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Burgett v. TexasSupreme Court of the United States · 1967
  4. Loper v. BetoSupreme Court of the United States · 1972
  5. Darden v. StateCourt of Criminal Appeals of Texas · 1968

16 more not listed; retrieve them via the Exa API.

3Cited by98 opinions

  1. Alexander v. StateCourt of Criminal Appeals of Texas · 1987
  2. Shipman v. StateCourt of Criminal Appeals of Texas · 1980
  3. Prescott v. StateCourt of Criminal Appeals of Texas · 1988
  4. Hammett v. StateCourt of Criminal Appeals of Texas · 1986
  5. Reese v. StateCourt of Criminal Appeals of Texas · 1976

93 more not listed; retrieve them via the Exa API.

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