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649 S.W.2d 93

Harmon v. State

Texas Court of Appeals, 13th District

Decided December 30, 1982

Texas Court of Appeals, 13th District · decided 1982-12-30

Cited by 4 later decisions — most recently March 1993

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1982-12-30

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¶1OPINION ON MOTION FOR REHEARING

¶2In his motion for rehearing, appellant makes additional challenges to the validity of his nolo contendere plea which appear to rest on his inaccurate reading of the record. So that appellant may better understand the judgment, we set out in greater detail what occurred in the court below.

¶3During the jury selection stage of his capital murder trial, appellant decided to plead nolo contendere to the lesser offense of murder before the court without a plea bargain. A plea hearing was held on September 17, 1981. The most notable defect in this hearing was the apparent failure of the State to offer evidence to prove guilt.

¶4On October 23, 1981, a hearing was held in which the appellant testified and called witnesses on the issue of punishment. Later, on October 26, 1981, the trial court, discovering that it had not followed the proper procedures in the original hearing, conducted a new plea-of-guilty hearing.

¶5In response to various specific contentions made in appellant’s rehearing brief, we have reviewed the events which occurred at the second plea-of-guilty hearing. The trial court withdrew its acceptance of appellant’s plea of nolo contendere made earlier. The appellant then re-entered his plea of nolo contendere. Appellant was advised of all of his rights, and evidence was then offered by the State to show guilt. The requirements of Article 1.15, Texas Code of Criminal Procedure, were complied with.

¶6After considering all of the points on rehearing, we are convinced that the judgment of the trial court should be affirmed. The motion for rehearing is overruled.

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