Darden v. State, 430 S.W.2d 494 (Tex. Crim. App. 1968). · Go Syfert
Darden v. State, 430 S.W.2d 494 (Tex. Crim. App. 1968). Cases Citing This Book View Copy Cite
137 citation events (47 in the last 25 years) across 3 distinct courts.
Strongest positive: Roberto Perez v. State (texapp, 2019-09-04)
Treatment trajectory · 1968 → 2026 · click a year to view as-of
1968 1997 2026
Top citers, strongest first. 49 distinct citers.
discussed Cited as authority (verbatim quote) Roberto Perez v. State
Tex. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
if the punishment is within that prescribed by the statute, it is beyond the province of this court to the question of excessive punishment
discussed Cited as authority (verbatim quote) Donte Houston v. State
Tex. App. · 2013 · quote attribution · 1 verbatim quote · confidence high
if the punishment is within that prescribed by the statute, it is beyond the province of this court to pass upon the question of excessive punishment.
discussed Cited as authority (verbatim quote) Franck Stephen Grippon v. State
Tex. App. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence high
if the punishment is within that prescribed by the statute, it is beyond the province of this court to pass upon the question of excessive punishment.
discussed Cited as authority (verbatim quote) Franck Stephen Grippon v. State
Tex. App. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence high
if the punishment is within that prescribed by the statute, it is beyond the province of this court to pass upon the question of excessive punishment.
discussed Cited as authority (verbatim quote) Ricardo Martell Espinoza v. State
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
if the punishment is within that prescribed by the statute, it is beyond the province of this court to pass upon the question of excessive punishment.
discussed Cited as authority (verbatim quote) Ricardo Martell Espinoza v. State
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
if the punishment is within that prescribed by the statute, it is beyond the province of this court to pass upon the question of excessive punishment.
discussed Cited as authority (rule) Damian Dajaun Squalls v. the State of Texas
Tex. App. · 2024 · confidence medium
“If the punishment is within that prescribed by the statute, it is beyond the province of this Court to pass upon the question of excessive punishment.” Darden v. State, 430 S.W.2d 494, 496 (Tex. Crim.
cited Cited as authority (rule) Jack Andrew Smith v. the State of Texas
Tex. App. · 2022 · confidence medium
App. 1986) (citing Darden v. State, 430 S.W.2d 494, 495 (Tex. Crim.
discussed Cited as authority (rule) John Henry Skillern v. State (2×)
Tex. App. · 2015 · confidence medium
Johnson SBN: 10763570 917 Franklin, Suite 320 Houston, Texas 77002 Tel: (713) 223-4100 Fax: (713) 224-2889 ATTORNEY FOR JOHN HENRY SKILLERN TABLE OF CONTENTS INDEX OF AUTHORITIES iii INTERESTED PARTIES iv STATEMENT REGARDING ORAL ARGUMENT v CITATIONS TO THE RECORD v PRELIMINARY STATEMENT 2 STATEMENT OF THE CASE 2 STATEMENT OF FACTS 4 The State Witnesses 4 The Defense Witnesses 6 Closing Arguments 7 Punishment 7 POSSIBLE AREAS OF CONCERN 7 Was it error to admit several photographs taken off the appellant’s device over a 403 objection? 7 Were the appellant’s sentences unconstitutionally exce…
discussed Cited as authority (rule) Dan William Reynolds III v. State
Tex. App. · 2014 · confidence medium
Smith v. State, 256 S.W.3d 341, 343-44 (Tex.App.-San Antonio 2007, no pet.); see Jordan v. State, 495 S.W.2d 949, 952 (Tex.Crim.App.1973) (holding that sentence falling within range prescribed by legislature was not excessive or cruel and unusual); Darden v. State, 430 S.W.2d 494, 496 (Tex.Crim.App.1968) (“If the punishment is within that prescribed by the statute, it is beyond the province of this Court to pass upon the question of excessive punishment”).
discussed Cited as authority (rule) Orlando Moreno v. State
Tex. App. · 2012 · confidence medium
Jackson v. State, 680 S.W.2d 809, 814 (Tex.Crim.App. 1984); Darden v. State, 430 S.W.2d 494, 496 (Tex.Crim.App. 1968); see also Moore v. State, 54 S.W.3d 529, 542-43 (Tex.App.--Fort Worth 2001, pet. ref’d); Holt v. State, 2007 WL 1377734 , *1 (Tex.App.--Fort Worth May 10, 2007, no pet.)(same).
discussed Cited as authority (rule) Maureen Hampton v. State
Tex. App. · 2008 · confidence medium
Moreover, when the “punishment [assessed] is within that prescribed by the statute, it is beyond the province of [an appellate c]ourt to pass upon the question of excessive punishment.” Darden v. State, 430 S.W.2d 494, 496 (Tex. Crim.
cited Cited as authority (rule) Laderrell Antonio Holloway v. State
Tex. App. · 2008 · confidence medium
Darden v. State , 430 S.W.2d 494, 496 (Tex. Crim.
cited Cited as authority (rule) Laderrell Antonio Holloway v. State
Tex. App. · 2008 · confidence medium
Darden v. State, 430 S.W.2d 494, 496 (Tex. Crim.
cited Cited as authority (rule) Melvin Lee Mobley v. State
Tex. App. · 2008 · confidence medium
Darden v. State , 430 S.W.2d 494, 495 (Tex. Crim.
cited Cited as authority (rule) Melvin Lee Mobley v. State
Tex. App. · 2008 · confidence medium
Darden v. State, 430 S.W.2d 494, 495 (Tex. Crim.
cited Cited as authority (rule) Jeffery Leon Holt v. State
Tex. App. · 2007 · confidence medium
App. 1984); Darden v. State, 430 S.W. 2d 494, 496 (Tex. Crim.
cited Cited as authority (rule) Timothy Russell Gray v. State
Tex. App. · 2006 · confidence medium
Darden v. State , 430 S.W.2d 494, 496 (Tex. Crim.
discussed Cited as authority (rule) Gilbert Vasquez v. State
Tex. App. · 2005 · confidence medium
App. 1973) (declining to find a punishment for robbery with a firearm unconstitutional when it was within the statutory range); Darden v. State , 430 S.W.2d 494, 496 (Tex. Crim.
discussed Cited as authority (rule) Holley v. State
Tex. App. · 2005 · confidence medium
See Rummel v. Estelle, 445 *550 U.S. 263, 284-85, 100 S.Ct. 1133 , 63 L.Ed.2d 382 (1980) (holding that the line dividing petty from felony larceny and the appropriate punishment under recidivist statute were both largely within the discretion of the state legislature); Jordan v. State, 495 S.W.2d 949, 952 (Tex.Crim.App.1973) (declining to find a punishment for robbery with a firearm unconstitutional when it was within the statutory range); Darden v. State, 430 S.W.2d 494, 496 (Tex.Crim.App.1968) (holding that if punishment is within the statutorily prescribed range, it is beyond the province o…
discussed Cited as authority (rule) Holley, Aramus Deshon v. State
Tex. App. · 2005 · confidence medium
App. 1973) (declining to find a punishment for robbery with a firearm unconstitutional when it was within the statutory range) ; Darden v. State , 430 S.W.2d 494, 496 (Tex. Crim.
cited Cited as authority (rule) Timothy Dean Stone v. State
Tex. App. · 2005 · confidence medium
App. 1972); Darden v. State, 430 S.W.2d 494, 495 (Tex. Crim.
cited Cited as authority (rule) Timothy Dean Stone v. State
Tex. App. · 2005 · confidence medium
App. 1972); Darden v. State , 430 S.W.2d 494, 495 (Tex. Crim.
cited Cited as authority (rule) Beverly, Chad Ashley v. State
Tex. App. · 2004 · confidence medium
Darden v. State , 430 S.W.2d 494, 495 (Tex. Crim.
discussed Cited as authority (rule) Harris v. State
Tex. App. · 2003 · confidence medium
See Frame v. State, 615 S.W.2d 766 , 767 n. 1 (Tex.Crim.App.1981); Basal-dua v. State, 481 S.W.2d 851, 853 (Tex. Crim.App.1972); Darden v. State, 430 S.W.2d 494, 495 (Tex.Crim.App.1968); see generally 43 Dix § 38.14 (discussing common practice).
cited Cited as authority (rule) Charlie Flenteroy v. State
Tex. App. · 2003 · confidence medium
App. 1982); Darden v. State, 430 S.W.2d 494, 495 (Tex. Crim.
cited Cited as authority (rule) John Harris v. State
Tex. App. · 2003 · confidence medium
App. 1982); Darden v. State , 430 S.W.2d 494, 495 (Tex. Crim.
cited Cited as authority (rule) Michael Evans v. State
Tex. App. · 2002 · confidence medium
Carroll, 975 S.W.2d at 631 - 32; Darden v. State, 430 S.W.2d 494, 495 (Tex. Crim.
cited Cited as authority (rule) Michael Evans v. State
Tex. App. · 2002 · confidence medium
Carroll , 975 S.W.2d at 631-32 ; Darden v. State , 430 S.W.2d 494, 495 (Tex. Crim.
cited Cited as authority (rule) Light v. State
Tex. App. · 1999 · confidence medium
See Carroll v. State, 975 S.W.2d 630, 631-32 (Tex.Crim.App.1998); Darden v. State, 430 S.W.2d 494, 495 (Tex.Crim.App.1968).
discussed Cited as authority (rule) William Travis Light v. State (2×)
Tex. App. · 1999 · confidence medium
App. 1998); Darden v. State , 430 S.W.2d 494, 495 (Tex. Crim.
discussed Cited as authority (rule) Carroll v. State (2×)
Tex. Crim. App. · 1998 · confidence medium
App.1970); Darden v. State, 430 S.W.2d 494, 495 (Tex.Cr.App.1968).
cited Cited as authority (rule) Roy Santos v. State
Tex. App. · 1998 · confidence medium
App. 1978); Darden v. State , 430 S.W.2d 494, 495 (Tex. Crim.
cited Cited as authority (rule) Michael Elroy Daniels, Jr. v. State
Tex. App. · 1995 · confidence medium
Darden v. State , 430 S.W.2d 494, 495 (Tex. Crim.
cited Cited as authority (rule) Garza v. State
Tex. App. · 1994 · confidence medium
Darden v. State, 430 S.W.2d 494, 495 (Tex.Crim.App.1968); Tex.Code CRIM.PROC.
cited Cited as authority (rule) Joseph Gary Tollison v. State
Tex. App. · 1993 · confidence medium
App. 1988); Darden v. State , 430 S.W.2d 494, 495 (Tex. Crim.
cited Cited as authority (rule) Juan Luis Zarate v. State
Tex. App. · 1993 · confidence medium
App. 1987); Darden v. State , 430 S.W.2d 494, 495 (Tex. Crim.
discussed Cited as authority (rule) Cumbo v. State (2×)
Tex. Crim. App. · 1988 · confidence medium
Darden v. State, 430 S.W.2d 494, 495 (Tex.Cr.App.1968).
discussed Cited as authority (rule) Holland v. State
Tex. Crim. App. · 1988 · confidence medium
In felony cases, a plea of guilty before the jury “admits the existence of all necessary elements to establish guilt, and in such cases, the introduction of testimony by the State is to enable the jury to intelligently exercise the discretion which the law vests in them touching the penalty to be assessed.” Ex Parte Williams, 703 S.W.2d 674 (Tex.Cr.App.1986), citing Williams v. State, 674 S.W.2d 315 (Tex.Cr. *313 App.1984); Brinson v. State, 570 S.W.2d 937 (Tex.Cr.App.1978); Brown v. State, 507 S.W.2d 235 (Tex.Cr.App.1974); Renesto v. State, 452 S.W.2d 498 (Tex.Cr.App.1970); Darden v. Stat…
discussed Cited as authority (rule) Ex Parte Martin (2×)
Tex. Crim. App. · 1988 · confidence medium
Darden v. State, 430 S.W.2d 494, 495 (Tex.Cr.App.1968), and cases there cited; Renesto v. State, 452 S.W.2d 498 (Tex.Cr.App.1970); Brown v. State, 507 S.W.2d 235 (Tex.Cr.App.1974); Brinson v. State, 570 S.W.2d 937 (Tex.Cr.App.1978); Williams v. State, 674 S.W.2d 315 (Tex.Cr.App.1984).
cited Cited as authority (rule) Beaver v. State
Tex. App. · 1987 · confidence medium
Darden v. State, 430 S.W.2d 494, 495 (Tex. Crim.App.1968); see Hemmeline v. State, 310 S.W.2d 97, 98 (Tex.Crim.App.1958).
discussed Cited as authority (rule) Ex Parte Williams
Tex. Crim. App. · 1986 · confidence medium
Darden v. State, 430 S.W.2d 494, 495 (Tex.Cr.App.1969), and cases there cited; Renesto v. State, 452 S.W.2d 498 (Tex.Cr.App.1970); Brown v. State, 507 S.W.2d 235 (Tex.Cr.App.1974); Brison v. State, 570 S.W.2d 937 (Tex.Cr.App.1978); Williams v. State, 674 S.W.2d 315 (Tex.Cr.App.1984).
discussed Cited as authority (rule) King v. State (2×)
Tex. Crim. App. · 1985 · confidence medium
Darden v. State, 430 S.W.2d 494, 495 (Tex.Cr.App.1968); Renesto v. State, 452 S.W.2d 498 (Tex.Cr.App.1970); Brinson v. State, 570 S.W.2d 937 (Tex.Cr.App.1978). [2] It is observed that on appeal the appellant urged the court erred in overruling his motion to quash on the basis of the federal and state constitutions rather than the state statutory provisions set forth in his motion to quash. [3] The " Helms Rule" was first recognized in Hoskins v. State, 425 S.W.2d 825, 829-830 (Tex.Cr.
discussed Cited as authority (rule) Garza v. State
Tex. Crim. App. · 1985 · confidence medium
Appellant was duly admonished and entered pleas of guilty to the theft indictment before the jury. *327 In Darden v. State, 430 S.W.2d 494, 495 (Tex.Cr.App.1968), this Court stated: “It is well established that a plea of guilty to a felony charge before a jury admits the existence of all facts necessary to establish guilt and, in such cases, the introduction of testimony by the State is to enable the jury to intelligently exercise the discretion which the law vests in them touching the penalty to be assessed (authorities cited omitted).
discussed Cited as authority (rule) Morgan v. State (2×)
Tex. Crim. App. · 1985 · confidence medium
Darden v. State, 430 S.W.2d 494, 495 (Tex.Cr.
cited Cited as authority (rule) Bartholomew v. State
Tex. App. · 1984 · confidence medium
Darden v. State, 430 S.W.2d 494, 495 (Tex.Crim.App.1968); Turnipseed and Howard v. State, 609 S.W.2d 798, 801 (Tex.Crim.App.1980).
discussed Cited as authority (rule) Fairfield v. State
Tex. Crim. App. · 1981 · confidence medium
Also flowing from the tenet that a plea of guilty before a jury obviates and *777 indeed precludes submission of fact issues regarding guilt, was the recognition that evidence offered by a party in the plea proceeding must be probative of the issue of punishment, 7 Jackson v. State, 155 Tex.Cr.R. 466 , 236 S.W.2d 628 (1951), since that issue is the only one before the jury for arbitration. 8 The introduction of evidence is solely “to enable the jury to intelligently exercise the discretion which the law vests in them [to assess] the penalty ...” Darden v. State, 430 S.W.2d 494, 495 (Tex.Cr…
cited Cited as authority (rule) Miracle v. State
Tex. Crim. App. · 1980 · confidence medium
Darden v. State, 430 S.W.2d 494, 495 (Tex.Cr.App.1968), and cases there cited.
discussed Cited as authority (rule) Lombardo v. State
Tex. Crim. App. · 1974 · confidence medium
Nevertheless, this court has frequently stated that where the punishment assessed by the judge or jury was within the limits prescribed by the statute the punishment is not cruel and unusual within the constitutional prohibition.” See Lambright v. State, 167 Tex.Cr.R. 96 , 318 S.W.2d 653 (1958); Darden v. State, 430 S.W.2d 494, 496 (Tex.Cr.App.1968) and cases there cited.
Ronald Dale DARDEN, Appellant,
v.
the STATE of Texas, Appellee
41453.
Court of Criminal Appeals of Texas.
Jul 24, 1968.
430 S.W.2d 494
Paul B. Underkofler, Jr., Dallas, court appointed, for appellant., Henry Wade, Dist. Atty., Curtis D. Glover, Douglas D. Mulder, Kerry P. FitzGerald, Malcolm Dade, Camille Elliott, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State’s Atty., Austin, for the State.
Onion.
Cited by 137 opinions  |  Published

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, 99 years confinement in the Texas Department of Corrections.

Appellant entered a plea of guilty before a jury and the trial was conducted under the provisions of Article 26.14, Vernon’s Ann.C.C.P. No motion for probation was filed.

The evidence reflects that Ernest Phelps, Jr., manager of the Seven-Eleven Ice House in Grand Prairie, Texas, was robbed at gunpoint of $136.00 by the appellant on November 28, 1965, at approximately 9:30 p. m. On December 4, 1965, appellant was apprehended while in the process of an armed robbery at Wyatt’s Food Store in Waxahachie, Texas. His written confession of the robbery alleged in the indictment of the Seven-Eleven Ice House in Dallas County, Texas was admitted without objection.

While not-challenging the sufficiency of the evidence to sustain the conviction, appellant, in his first ground of error, contends the trial court erred in refusing to allow him and his wife to testify on direct examination as to his motive in committing the offense charged, his financial and social background, his expression of remorse and contrition.

We do not find that appellant’s wife was interrogated concerning his motive. She did relate that she had been married to appellant for four years and had two sons, ages 3 and fifteen months. The court sustained the objection to the question that she “tell the jury something about the financial status” of her family. Nevertheless, she subsequently testified that because of her financial condition the two children were living with her mother-in-law. When the court sustained another objection to “this line of testimony” the witness was passed for cross-examination and no exception was taken to the court’s action.

Testifying in his own behalf, appellant related he was 27 years old and had an eighth grade education. He listed some of his previous places of employment, including his job with the Grand Prairie Water Department at the time of the robbery in question. He was not permitted to testify as to his motive in committing the robbery, but did relate that he had made a written confession because he did not “want to live a lie” and wanted to get “forgiveness from God.”

It is „ well established that a plea of guilty to a felony charge before a jury admits the existence of all facts necessary to establish guilt and, in such cases, the introduction of testimony by the State is to enable the jury to intelligently exercise the discretion which the law vests in them touching the penalty to be assessed. Miller v. State, Tex.Cr.App., 412 S.W.2d 650; Richardson v. State, 164 Tex.Cr.R. 500, 300 S.W.2d 83; Burks v. State, 145 Tex.Cr.R. 15, 165 S.W.2d 460; Grounds v. State, 140 Tex.Cr.R. 209, 144 S.W.2d 276; Hawkins v. State, 158 Tex.Cr.R. 406, 255 S.W.2d 875; Vance v. State, 122 Tex.Cr.R. 157, 54 S.W.2d 118; Aills v. State, 114 Tex.Cr.R. 345, 24 S.W.2d 1097; Crumbley v. State, 103 Tex.Cr.R. 391, 280 S.W. 1064.

Where the guilty plea is before the jury, the presumption of innocence does not obtain under the plea and there is no issue of justification under it. Stulli-[*496] van v. State, 47 Tex.Cr.R. 615, 85 S.W. 810; Garcia v. State, 91 Tex.Cr.R. 9, 237 S.W. 279. See also Jackson v. State, 155 Tex.Cr.R. 466, 236 S.W.2d 623. Where such plea is before a jury, the accused may at any time before the retirement of the jury withdraw his plea and thus put upon the State the burden of proving his guilt beyond a reasonable doubt. Alexander v. State, 69 Tex.Cr.R. 23, 152 S.W. 436. It is observed that appellant made no effort to withdraw his guilty plea.

While a jury is entitled to information which will fairly tend to enlighten them in their discretion in imposing punishment, testimony by an accused is subject to the general rules as to necessary relevancy. See 22A C.J.S. Criminal Law § 600, p. 394. It may or should be excluded when it has no bearing on the matters in issue. Gomez v. State, 145 Tex.Cr.R. 168, 166 S.W.2d 699; Moore v. State, 142 Tex.Cr.R. 99, 151 S.W.2d 595.

The answer sought to be elicited by the question relating to motive is not in the record before us and cannot be properly appraised. If the answer sought had been self-serving, it would Have been properly excluded. Johnson v. State, 165 Tex.Cr.R. 468, 308 S.W.2d 869; 22A C.J.S. Criminal Law § 737. Evidence tending to show the reason why an accused committed an unlawful act is properly excluded as being irrelevant and immaterial. People v. Temple, 102 Cal.App.2d 270, 227 P.2d 500.

Further, we find no error in the trial court’s exclusion of the amount of appellant’s wages at the time of his arrest. See Clay v. State, 41 Tex.Cr.R. 653, 56 S.W. 629. Ground of error #1 is overruled.

We reject appellant’s ground of error #2 that the punishment assessed is excessive in view of the evidence, particularly in light of his cooperation and extrajudicial confession. If the punishment is within that prescribed by the statute, it is beyond the province of this Court to pass upon the question of excessive punishment. Lewallen v. State, 166 Tex.Cr.R. 287, 313 S.W.2d 293; Bell v. State, 166 Tex.Cr.R. 340, 313 S.W.2d 606; Lambright v. State, 167 Tex.Cr.R. 96, 318 S.W.2d 653; Lambright v. State, Tex.Cr.App., 318 S.W.2d 654; McGruder v. State, Tex.Cr.App., 377 S.W.2d 191; Gonzales v. State, Tex.Cr.App., 386 S.W.2d 139.

The judgment is affirmed.