Villela v. State, 564 S.W.2d 750 (Tex. Crim. App. 1978). · Go Syfert
Villela v. State, 564 S.W.2d 750 (Tex. Crim. App. 1978). Cases Citing This Book View Copy Cite
68 citation events (53 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
discussed Cited as authority (rule) Marcus Johnson v. the State of Texas
Tex. App. · 2025 · confidence medium
Prior to the jury’s empanelment, Johnson waived his right of trial by jury in writing “as to the matter of guilt only,” and the trial court found “that the evidence substantiate[d his] plea of guilt in Cause Number F24-3487-16 and Cause Number 24- 3486-16[ ] and . . . [found] him guilty of the offenses as charged in those indictments.” [Emphasis added.] The record is clear: Johnson unequivocally waived—as evidenced by the written and oral plea admonishments—his right to have a jury determine his guilt, and the trial court adjudicated his guilt.11 See Villela v. State, 564 S.W.2d …
discussed Cited as authority (rule) Manuel Ybarra, III A/K/A Manuel Ybarra v. State (2×) also: Cited "see"
Tex. App. · 2019 · confidence medium
Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
discussed Cited as authority (rule) Buddy Hernandez v. State (2×) also: Cited "see"
Tex. App. · 2019 · confidence medium
Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
discussed Cited as authority (rule) Jesse Robles v. State (2×) also: Cited "see"
Tex. App. · 2019 · confidence medium
Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
discussed Cited as authority (rule) Dre Jacobo v. State (2×) also: Cited "see"
Tex. App. · 2018 · confidence medium
Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
discussed Cited as authority (rule) Charles Blake Defore v. State (2×)
Tex. App. · 2015 · confidence medium
Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
discussed Cited as authority (rule) Charles Blake Defore v. State (2×)
Tex. App. · 2015 · confidence medium
Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
discussed Cited as authority (rule) Joseph Finley v. State (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
cited Cited as authority (rule) Luther Jefferson Holeman v. State
Tex. App. · 2014 · confidence medium
Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
cited Cited as authority (rule) Robert Preston Ray A/K/A Robert D. Ray v. State
Tex. App. · 2013 · confidence medium
Just as a trial court can implicitly find an accused guilty without uttering the word “guilty” while pronouncing sentencing, Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
discussed Cited as authority (rule) Ronald Anuscewski v. State
Tex. App. · 2013 · confidence medium
“No further ritual or special incantation from the bench is necessary to accomplish an adjudication of guilt beyond the pronouncement of sentence as required by law.” Id. (citing Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
discussed Cited as authority (rule) Jeremy Joe Moreno v. State
Tex. App. · 2010 · confidence medium
Sanchez v. State, 222 S.W.3d 85, 88 (Tex. App.–Tyler 2006, no pet.); Parks v. State, 960 S.W.2d 234, 238 (Tex. App.–Houston [1st Dist.] 1997, pet. ref'd) (citing Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
cited Cited as authority (rule) Bruce Carlton Waggoner v. State of Texas
Tex. App. · 2009 · confidence medium
Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
cited Cited as authority (rule) Terry Jack Ayers v. State
Tex. App. · 2008 · confidence medium
Villela v. State , 564 S.W.2d 750, 751 (Tex. Crim.
cited Cited as authority (rule) Brandon Antony Rogers v. State
Tex. App. · 2008 · confidence medium
Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
cited Cited as authority (rule) William Columbus Merrell, III v. State
Tex. App. · 2007 · confidence medium
Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
discussed Cited as authority (rule) Sir Cedric Jones v. State
Tex. App. · 2007 · signal: cf. · confidence medium
App. [Panel Op.] 1979) (noting that due process in probation revocation proceeding requires a written statement containing the judge’s reasons for revoking probation); Weed v. State , 891 S.W.2d 22 , 24 n.4 (Tex. App.—Fort Worth 1995, no pet.) (same); cf. Villela v. State , 564 S.W.2d 750, 751 (Tex. Crim.
cited Cited as authority (rule) Groves, Walter Keith v. State
Tex. App. · 2006 · confidence medium
Parks v. State , 960 S.W.2d 234, 238 (Tex. App. C Houston [1st Dist.] 1997, pet. ref = d) (citing Villela v. State , 564 S.W.2d 750, 751 (Tex. Crim.
discussed Cited as authority (rule) Lontremond Teray Weathersby v. State
Tex. App. · 2003 · confidence medium
Villela v. State , 564 S.W.2d 750, 751 (Tex. Crim.
discussed Cited as authority (rule) Parks v. State (2×)
Tex. App. · 1998 · confidence medium
Villela v. State, 564 S.W.2d 750, 750 (Tex.Crim.App. 1978).
discussed Cited as authority (rule) Louis Gene Blane v. State (2×)
Tex. App. · 1995 · confidence medium
We hold that the trial judge's action renders the written judgments sufficient as supported by the records. 564 S.W.2d at 751 (footnote omitted).
examined Cited as authority (rule) Harling v. State (3×) also: Cited "see"
Tex. App. · 1995 · confidence medium
This issue was decided in Villela v. State, 564 S.W.2d 750, 751 (Tex.Crim.App.1978), wherein the court stated: When the trial judge, after admonishing the appellant, accepting appellant’s pleas, and hearing the State’s evidence, held the assessment of punishment in abeyance and ordered a presentence investigation, he necessarily implied that he had found the appellant guilty in each case.
discussed Cited as authority (rule) Warren v. State (2×)
Tex. App. · 1989 · confidence medium
The State cites Villela v. State, 564 S.W.2d 750, 751 (Tex.Crim.App.1978).
cited Cited "see" Clifton Adam Meneley v. the State of Texas
Tex. App. · 2023 · signal: see · confidence high
See Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
cited Cited "see" Austin Marquis Collins v. the State of Texas
Tex. App. · 2023 · signal: see · confidence high
See Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
discussed Cited "see" Charles Blake Defore v. State
Tex. App. · 2016 · signal: see · confidence high
See Villela v. State, 2 564 S.W.2d 750, 751 (Tex. Crim.
cited Cited "see" Charles Blake Defore v. State
Tex. App. · 2015 · signal: see · confidence high
See Villela v. State, 564 S.W.2d 750 (Tex. Crim.
cited Cited "see" Charles Blake Defore v. State
Tex. App. · 2015 · signal: see · confidence high
See Villela v. State, 564 S.W.2d 750 (Tex. Crim.
cited Cited "see" Travis Shane Brown v. State
Tex. Crim. App. · 2015 · signal: see · confidence high
See Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
cited Cited "see" Ervin Lee Emeyabbi v. State
Tex. App. · 2011 · signal: see · confidence high
See Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
cited Cited "see" Sanchez v. State
Tex. App. · 2006 · signal: see · confidence high
See Villela v. State, 564 S.W.2d 750, 751 (Tex.Crim.App.1978).
discussed Cited "see" Andy Chavez v. State (2×)
Tex. App. · 2001 · signal: see · confidence high
See Villela v. State , 564 S.W.2d 750, 751 (Tex. Crim.
cited Cited "see" Andy Chavez v. State
Tex. App. · 2001 · signal: see · confidence high
See Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
cited Cited "see" Jones v. State
Tex. Crim. App. · 1990 · signal: see · confidence high
See Villela v. State, 564 S.W.2d 750, 751 (Tex.Crim.App.1978), reh’g en banc denied; Ex parte Gibson, 137 Tex.Crim.R. 72, 128 S.W.2d 396, 397 (1939).
discussed Cited "see, e.g." James DeAngelo Johnson v. State
Tex. App. · 2019 · signal: see also · confidence medium
See also Villela v. State, 564 S.W.2d 750, 751 (Tex. Crim.
Retrieving the full opinion text from the archive…
Joe A. VILLELA, Appellant,
v.
the STATE of Texas, Appellee
57158, 57159.
Court of Criminal Appeals of Texas.
Apr 12, 1978.
564 S.W.2d 750
Ray Stevens, Houston, for appellant., Carol S. Vance, Dist. Atty., Calvin A. Hartmann and Robert A. Moen, Asst. Dist. Attys., Houston, for the State.
Roberts, Phillips, Vol-Lers.
Cited by 46 opinions  |  Published

OPINION

ROBERTS, Judge.

These are appeals from convictions for possession of heroin, a controlled sub[*751] stance. [1] The appellant simultaneously pleaded guilty in each case and after a trial before the court, the trial judge assessed the appellant’s punishment in each case at five years’ confinement in the Texas Department of Corrections.

The appellant’s sole contention in each case is that after the appellant’s guilty pleas and the introduction of evidence in support of those pleas the trial judge failed to make findings of guilt and merely assessed the appellant’s punishment in each case. Thus, the appellant argues that the judgments are void as there was no oral adjudication of guilt by the trial judge in either case.

On September 10, 1976, the appellant waived trial by jury and entered pleas of guilty pursuant to Article 1.13, Vernon’s Ann.C.C.P. Article 1.15, Vernon’s Ann.C. C.P. The trial judge admonished the appellant, accepted the appellant’s pleas of guilty, and then heard the State’s evidence. [2] At the close of the trial, the trial judge held the assessment of punishment in abeyance pending a presentence investigation by the probation office.

On October 29,1976, the trial judge heard evidence relevant to the appellant’s punishment. At the close of that hearing, the trial judge orally assessed the appellant’s punishment at five years in each case. At no time during either of the proceedings on September 10 or on October 29 did the trial judge expressly state that he found the appellant guilty of either offense. The appellant contends that the trial judge’s failure to orally enter adjudications of guilt renders the judgments void.

At the outset, we note that the written judgments contained in the records affirmatively state that the trial judge found the appellant guilty of both offenses on September 10, 1976, and that the appellant’s punishment in each case was assessed at five years on October 29, 1976. Also, the written sentences reflect that the appellant was formally sentenced on December 29, 1976. The written judgments and sentences contained in the record are in compliance with Articles 42.01 and 42.02, Vernon’s Ann.C.C.P.

The essential question, therefore, is whether the absence of an express oral pronouncement by the trial judge that he found the appellant guilty renders the written judgments void. [3] We conclude that it does not. When the trial judge, after admonishing the appellant, accepting the appellant’s pleas, and hearing the State’s evidence, held the assessment of punishment in abeyance and ordered a presentence investigation, he necessarily implied that he had found the appellant guilty in each case. We hold that the trial judge’s action renders the written judgments sufficient as supported by the records.

Appellant’s contention is overruled.

The judgments are affirmed.

1

. Vernon’s Ann.Civ.St., Article 4476-15, Section 4.04.

2

. The State’s evidence consisted of the appellant’s judicial and extrajudicial confessions.

3

.Apparently, the appellant is arguing that since the record is devoid of an oral adjudication of guilt, the written judgment is at variance with what actually occurred.