Legal Opinion

Gates v. State

Court of Criminal Appeals of Texas

Decided December 1, 1976No. 52836Published

1Opinion

DISSENTING OPINION ON STATE’S MOTION FOR REHEARING

2DissentDouglas, Judge

The majority overrules the State’s motion for rehearing without written opinion. The motion should be granted. We should hold that appellant’s plea of guilty was voluntarily made and that the trial court did not err in failing to withdraw appellant’s plea of guilty on its own motion in light of eviden-tiary developments, as contended in appellant’s second and third grounds of error.

*363The following, prepared by Commissioner H. P. Green, is adopted as a part of this opinion:

“After the proceedings during arraignment and thereafter when…

3Cases cited20 opinions

  1. Lewis v. StateCourt of Criminal Appeals of Texas · 1975
  2. Reese v. StateCourt of Criminal Appeals of Texas · 1976
  3. Burks v. StateCourt of Criminal Appeals of Texas · 1942
  4. Earl v. StateCourt of Criminal Appeals of Texas · 1974
  5. Reyna v. StateCourt of Criminal Appeals of Texas · 1968

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