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477 S.W.2d 576

Martinez v. State

Court of Criminal Appeals of Texas

Decided February 23, 1972

Court of Criminal Appeals of Texas · decided 1972-02-23

Relies on Darden v. State · Soto v. State · Durham v. State

Decided 1972-02-23

¶1OPINION

MORRISON, Judge.

¶2The offense is possession of heroin; the punishment, assessed by the jury, thirty-two (32) years.

¶3Appellant entered a plea of guilty, was duly admonished as to the consequences of such a plea and made no effort to withdraw that plea.

¶4Appellant’s sole contention is that the evidence introduced at his trial was the fruit *577of an illegal search and seizure and, consequently, inadmissible.

¶5It is well settled that when an accused pleads guilty before a jury he admits existence of all facts necessary to establish guilt, and “waives his constitutional right against an unreasonable search . . . . ” Durham v. State, Tex.Cr.App., 466 S.W.2d 758; Cross v. State, Tex.Cr.App., 474 S.W.2d 216; Soto v. State, Tex.Cr.App., 456 S.W.2d 389; Darden v. State, Tex.Cr.App., 430 S.W.2d 494; Maldonado v. State, Tex.Cr.App., 467 S.W.2d 468; and especially Graham v. State, Tex.Cr.App., 466 S.W.2d 587.

¶6There is, therefore, nothing presented for appellate review.

¶7The judgment is affirmed.

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