Salinas v. State, 478 S.W.2d 538 (Tex. Crim. App. 1972). · Go Syfert
Salinas v. State, 478 S.W.2d 538 (Tex. Crim. App. 1972). Cases Citing This Book View Copy Cite
7 citation events across 1 distinct court.
Strongest positive: Lemmons v. State (texcrimapp, 1991-10-02)
Top citers, strongest first. 1 distinct citer.
cited Cited "see, e.g." Lemmons v. State
Tex. Crim. App. · 1991 · signal: see also · confidence low
See also Salinas v. State, 478 S.W.2d 538 (Tex.Cr.App.1972), a felony case to the same effect.
Johnny R. SALINAS, Appellant,
v.
the STATE of Texas, Appellee
45299.
Court of Criminal Appeals of Texas.
Apr 12, 1972.
478 S.W.2d 538
Joe P. Smyer, San Antonio (On Appeal Only), for appellant., Ted Butler, Dist. Atty., Charles Albi-dress, Robert H. Spicer and Antonio G. Cantu, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State’s Atty., and Robert A. Huttash, Asst. State’s Atty., Austin, for the State.
Douglas, Onion.
Cited by 7 opinions  |  Published

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for possession of heroin. The court assessed punishment at eight years.

On November 13, 1969, San Antonio police and a federal narcotics officer arrested appellant in the possession of eleven capsules plus approximately two ounces of loose heroin. On April 2, 1970, appellant was arraigned and he pled not guilty. After a hearing on June 22, 1970, appellant’s motion to suppress was overruled. Jury selection began on July 8, 1970, and was terminated the following morning when appellant changed his plea from not guilty to guilty. Appellant waived his right to a jury, was properly admonished according to Article 26.13, Vernon’s Ann. C.C.P., and evidence was properly admitted pursuant to Article 1.15, V.A.C.C.P. The court found appellant guilty based upon sufficient evidence and set punishment at eight years. On August 6, 1970, appellant was sentenced and gave notice of appeal in open court.

In his brief, appellant’s court-appointed attorney on appeal contends only that the trial court erred in overruling his motion to suppress. Appellant’s pro se brief asserts this and other alleged errors. Among the latter he contends that no evidence was introduced to support his guilty plea, the record on appeal was incomplete, and denial of effective counsel on appeal. The record supports none of these contentions and a plea of guilty waives all non-jurisdictional defects where that plea is properly entered. [1] See Durham v. State, Tex.Cr.App., 466 S.W.2d 758; Soto v. State, Tex.Cr.App., 456 S.W.2d 389; Fierro v. State, Tex.Cr.App., 437 S.W.2d 833.[*539] While no attempt was made to do so, a plea of guilty or nolo contendere cannot be made and at the same time preserve the right to appeal an adverse ruling on a motion to suppress. Killebrew v. State, Tex.Cr.App., 464 S.W.2d 838.

No error is shown. The judgment is affirmed.

ONION, P. J., concurs in the result.
1

. Upon a plea of guilty before the court, an accused must be admonished and sufficient evidence introduced.