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478 S.W.2d 473

Edwards v. State

Court of Criminal Appeals of Texas

Decided April 5, 1972

Court of Criminal Appeals of Texas · decided 1972-04-05

Cited by 5 later decisions — most recently April 1986

5 state decisions

Key passage — most relied on by later courts

“"No person can be convicted of a felony except upon the verdict of a jury duly rendered and recorded, unless in felony cases less than capital, the defendant, upon entering a plea, has in open court in person waived his right of trial by jury in writing in accordance with Articles 1.13 and 1.14; provided, however, that it shall be necessary for the state to introduce evidence into the record showing the guilt of the defendant and said evidence shall be accepted by the court as the basis for its judgment and in no event shall a person charged be convicted upon his plea without sufficient evidence to support the same. The evidence may be stipulated if the defendant in such case consents in writing, in open court, to waive the appearance, confrontation, and cross-examination of witnesses, and further consents either to an oral stipulation of the evidence and testimony or to the introduction of testimony by affidavits, written statements of witnesses, and any other documentary evidence in support of the judgment of the court. Such waiver and consent must be approved by the court in writing, and be filed in the file of the papers of the cause.””

quoted by 1 later decision, including Morris v. State

Relies on Drain v. State · Smith v. State · Moss v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-04-05

View the full empirical analysis of this case →

¶1OPINION

MORRISON, Judge.

¶2The offense is felony theft; the punishment, on a plea of guilty, three (3) years.

¶3Appellant’s sole ground of error is that the “value of the stolen merchandise was never established and that the State failed to prove that the stolen merchandise cost over Fifty Dollars ($50.00).”

¶4The record reflects that appellant waived his right to trial by jury and entered into a sworn, written stipulation of evidence wherein he confessed to the theft of the property valued at over $50.00, and waived the appearance, confrontation and cross-examination of witnesses and consented to the introduction of testimony by affidavit, written statements and other documents.

¶5After the court duly admonished appellant concerning the consequences of his plea of guilty and informed him of the possible penalties for the offense, the prosecutor dictated a stipulation into the record, joined by the defendant in person, to the effect that if one E. W. Kountz were present he would testify that he found the appellant in possession of the merchandise in question, valued at over $50.00, which he determined had been recently stolen from its owner.

¶6Appellant’s written judicial confession which admits the allegation of the indictment is sufficient to sustain his conviction. Smith v. State, Tex.Cr.App., 416 S.W.2d 425; Drain v. State, Tex.Cr.App., 465 S.W.2d 939 and Moss v. State, Tex.Cr.App., 468 S.W.2d 807.

¶7The judgment is affirmed.

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