Almanza v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted of the offense of possession of heroin in an amount less than 28 grams. During a pretrial suppression hearing, he moved, pursuant to Article 38.-22, § 3(c) V.A.C.C.P., that an oral confession be excluded from evidence; that request was denied. At trial, the court informed appellant that he would be allowed to appeal the pretrial decision, and appellant pled guilty to the offense. As a repeat offender, he was sentenced to 35 years confinement in the Texas Department of Criminal Justice, Institutional…