Legal Opinion

Montoya v. State

Texas Court of Appeals, 1st District (Houston)

Decided February 10, 1994No. 01-93-0577-CR, 01-93-0578-CRPublishedCited by 14 opinions

1Opinion of the Court

OPINION

HUTSON-DUNN, Justice.

Appellant, David Montoya, pled guilty to the offenses of delivery of cocaine and possession of marijuana. The trial court assessed punishment at 35 years and ten years, respectively. We affirm.

On September 18, 1992, appellant filed a motion for new trial alleging that his plea was unknowing and involuntary because he is hard of hearing and does not speak or understand English. The trial court denied this motion. Several days later, appellant filed a motion for an evidentiary hearing on the motion for new trial. The trial court denied this motion also.

In one point…

2Cases cited2 opinions

  1. Darrington v. StateCourt of Criminal Appeals of Texas · 1981
  2. Haight v. State, Texas Court of Appeals, 5th District (Dallas)1989

3Cited by14 opinions

  1. Fimberg v. State, Texas Court of Appeals, 1st District (Houston)1996
  2. Lopez v. State, Texas Court of Appeals, 1st District (Houston)2000
  3. Harrington Christopher Young v. State, Texas Court of Appeals, 1st District (Houston)2012
  4. Campbell v. State, Texas Court of Appeals, 14th District (Houston)1997
  5. Dartanier Patton v. Healthsouth of Houston, Inc. D/B/A Healthsouth Rehabilitation Hospital of North Houston, Texas Court of Appeals, 1st District (Houston)2004

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