Foster v. State, 422 S.W.2d 447 (Tex. Crim. App. 1967). · Go Syfert
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Foster v. State, 422 S.W.2d 447 (Tex. Crim. App. 1967). Cases Citing This Book View Copy Cite
17 citation events across 2 distinct courts.
Strongest positive: Avila v. State (texapp, 1994-09-21)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) Avila v. State
Tex. App. · 1994 · confidence medium
Article 27.14(a) of the Texas Code of Criminal Procedure provides that in a misdemeanor case when the defendant has waived trial by jury and entered a plea of guilty or nolo contendere before the court “punishment may be assessed by the court either upon or without evidence, at the discretion of the court.” Tex.Code CRIM.PROcAnn. art. 27.14(a) (Vernon 1989); see also Brown, 507 S.W.2d at 238 ; Foster v. State, 422 S.W.2d 447, 448 (Tex.CrimApp.1967).
discussed Cited "see" Ex Parte Martin (2×)
Tex. Crim. App. · 1988 · signal: see · confidence high
See Foster v. State, 422 S.W.2d 447 (Tex.Cr.App.1967); Brown v. State, supra. Thus, normally on appeal from a misdemeanor conviction based on a plea of guilty or nolo conten-dere there can be no question of the sufficiency of the evidence.
discussed Cited "see" Ex Parte Williams
Tex. Crim. App. · 1986 · signal: see · confidence high
See Foster v. State, 422 S.W.2d 447 (Tex.Cr.App.1967); Brown v. State, supra. Thus, normally on appeal from a misdemeanor conviction based on a plea of guilty or nolo contendere there can be no question of the sufficiency of the evidence.
discussed Cited "see, e.g." Morgan v. State (2×)
Tex. Crim. App. · 1985 · signal: see also · confidence low
See also Foster v. State, 422 S.W.2d 447 (Tex.Cr.App.1967); Brown v. State, supra, and cases there cited.
Ervin Leroy FOSTER, Appellant,
v.
the STATE of Texas, Appellee
40796.
Court of Criminal Appeals of Texas.
Nov 29, 1967.
422 S.W.2d 447
Ney Wade, Dallas, for appellant., Henry Wade, Dist. Atty., Kerry P. Fitz-Gerald, Asst. Dist. Atty., Dallas, and Leon B. Douglas, State’s Atty., Austin, for the State.
Belcher.
Cited by 17 opinions  |  Published

OPINION

BELCHER, Judge.

The conviction is for driving while intoxicated upon a plea of guilty before the court; and the punishment was assessed at three days in jail and a fine of $150.

The record reveals that the appellant was represented by counsel at the trial and on appeal.

No transcript of the evidence or formal bill of exceptions accompany the record.

In his brief, the appellant asserts that the trial judge should have warned him of his right to trial by jury and of the consequences of his plea of guilty.

Upon a plea of guilty in a misdemeanor case the defendant may demand a jury or if he does not, the punishment may be assesssed by the court, either upon or[*448] without evidence, at the discretion of the court. Carter v. State, Tex.Cr.App., 400 S.W.2d 571; Bruce v. State, Tex.Cr.App., 419 S.W.2d 646, dated October 25, 1967.

It is not necessary that the court admonish the accused of the consequences of his plea of guilty m a misdemeanor case. Townsel v. State, 162 Tex.Cr.R. 221, 283 S.W.2d 944.

The complaint, information, judgment and sentence all appear to be regular.

The judgment is affirmed.