456 SW2D 389 - Soto v. State

How this case has been cited

Cited by 40 later decisions — most recently July 2009 · most notably Helms v. State (1972), Galitz v. State (1981)

40 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

ONION, Judge

¶1(concurring).

¶2I concur in the result reached. I would, however, make absolutely clear to the bench and bar that this conviction is being sustained alone upon the basis of the “judicial confession” reduced to writing, sworn to and introduced into evidence.

¶3The majority describes the stipulations without making absolutely plain that such stipulations were not in accordance with Article 1.15, V.A.C.C.P., and cannot be considered in passing upon the sufficiency of the evidence to support the judgment. See Rodriguez v. State, Tex.Cr.App., 442 S.W.2d 376. Such approach renders no favor to the bench and bar. Whether the conviction is to be affirmed or reversed, this Court should call attention to the insufficiency of stipulations under the provisions of Article 1.15, supra, so the same mistakes are not unwittingly repeated. There'may well be many cases where there are no “judicial confessions.”