Scott v. State

SHUMPERT, Justice.

This is an appeal from a conviction of forgery. In one ground of error, appellant contends that the magistrate lacked the statutory authority to preside over the hearing at which the guilty plea was accepted because the plea was not “negotiated” within the meaning of TEX.REV.CIV. STAT.ANN. art. 1918c(4)(a)(l) (Vernon Supp.1982-1983). We agree with appellant’s contention and reverse and remand for a new trial.

In this case, the magistrate presided over the initial proceeding at which appellant waived his rights to a jury trial and to present witnesses. The magistrate received…