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462 S.W.2d 602

Alonzo v. State

Court of Criminal Appeals of Texas

Decided January 20, 1971

Court of Criminal Appeals of Texas · decided 1971-01-20

Cited by 3 later decisions — most recently October 1991

3 state decisions

Relies on Orozco v. State · Smith v. State · Alonzo v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1971-01-20

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MORRISON, Judge.

¶1OPINION

¶2This is a companion case to Alonzo v. State, Tex.Cr.App., 462 S.W.2d 603.

¶3The offense is possession of narcotic paraphernalia; the punishment, twenty (20) years.

¶4Appellant waived trial by jury and entered his plea of guilty before the court. All of the evidence offered by the State to support the guilty plea was stipulated evidence.

¶5Appellant on appeal raises the question of the failure to comply with mandatory terms of Article 1.15, Vernon’s Ann.C.C.P., regarding stipulated testimony. Nowhere in the record do we find any written waiver by the appellant of the appearance, confrontation and cross-examination of the witnesses and consenting to introduction of stipulated testimony, nor any written approval by the court of such waiver and consent.

¶6For the error pointed out, the judgment is reversed and the cause is remanded. See Rodriguez v. State, Tex.Cr.App., 442 S.W.2d 376, 383. See also Smith v. State, Tex.Cr.App., 416 S.W.2d 425, 426.

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