Dykes v. State, 657 S.W.2d 796 (Tex. Crim. App. 1983). · Go Syfert
Dykes v. State, 657 S.W.2d 796 (Tex. Crim. App. 1983). Cases Citing This Book View Copy Cite
77 citation events (67 in the last 25 years) across 3 distinct courts.
Strongest positive: Bryan Arriaga v. State (texapp, 2019-12-19)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 48 distinct citers.
discussed Cited as authority (verbatim quote) Bryan Arriaga v. State
Tex. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
a confession is not rendered inadmissible because it is made after an accused has been told by the officer taking the confession that it would be best to tell the truth.
discussed Cited as authority (verbatim quote) Daniel Ozuna v. State
Tex. App. · 2011 · quote attribution · 1 verbatim quote · confidence high
a confession is not rendered inadmissible because it is made after an accused has been told by the officer taking the confession that it would be best to tell the truth.
discussed Cited as authority (verbatim quote) Daniel Ozuna v. State
Tex. App. · 2011 · quote attribution · 1 verbatim quote · confidence high
a confession is not rendered inadmissible because it is made after an accused has been told by the officer taking the confession that it would be best to tell the truth.
discussed Cited as authority (quoted) Juan G. Rodriguez v. State (2×) also: Cited "see"
Tex. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
a confession is not rendered inadmissible because it is made after an accused has been told by the officer taking the confession that it would be best to tell the truth.
discussed Cited as authority (rule) The State of Texas v. David Wade Brady Jr. (2×) also: Cited "see"
txctapp9 · 2026 · confidence medium
“General promises of leniency, such as the officer’s statement that an appellant’s cooperation by giving a statement would ‘help’ the accused do not reach the required level for improper inducement.” Coleman v. State, 440 S.W.3d 218, 225 (Tex. App.—Houston [14th Dist.] 2013, no pet.) (citing Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
discussed Cited as authority (rule) State of Texas v. Reynaldo Alberto Pena
Tex. App. · 2024 · confidence medium
“A confession is not rendered inadmissible because it is made after an accused has been told by the officer taking the confession that it would be best to tell the truth . . .” or “it would be best for him to go ahead and make a statement,” or “it would be better to get his business straight.” Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
discussed Cited as authority (rule) State of Texas v. Reynaldo Alberto Pena
Tex. App. · 2024 · confidence medium
“A confession is not rendered inadmissible because it is made after an accused has been told by the officer taking the confession that it would be best to tell the truth . . .” or “it would be best for him to go ahead and make a statement,” or “it would be better to get 15 his business straight.” Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
cited Cited as authority (rule) Mitchell Conrad Jones v. State
Tex. App. · 2020 · confidence medium
Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
cited Cited as authority (rule) William Vieira v. State
Tex. App. · 2018 · confidence medium
Dykes v. State, 657 S.W.2d 796, 797 (Tex.Crim.App. 1983).
cited Cited as authority (rule) Melvin Pierre Jr. v. State
Tex. App. · 2016 · confidence medium
Id. (citing Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
discussed Cited as authority (rule) Lajuan Kendell Ward v. State (2×) also: Cited "see"
Tex. App. · 2016 · confidence medium
Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
discussed Cited as authority (rule) Glynn Chase Washington v. State (2×)
Tex. App. · 2015 · confidence medium
Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
cited Cited as authority (rule) Edward Contreras Torres v. State
Tex. App. · 2014 · confidence medium
Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
discussed Cited as authority (rule) Jared Levi Coleman v. State (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
Dykes v. State, 657 S.W.2d 796, 797 (Tex.Crim.App.1983).
discussed Cited as authority (rule) Matthew Scott Gravlin v. State
Tex. App. · 2013 · confidence medium
In addition, appellant also argues -4- 04-12-00531-CR his statements were no longer voluntary after he was told: “If you tell me that you did it, I will let you go,” and “You don’t want to get arrested, you have to come clean.” While a confession induced by threat or fear is involuntary and inadmissible, “a confession is not rendered inadmissible simply because it is made after an accused has been told by the officer taking the confession that it would be best to tell the truth,” Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
cited Cited as authority (rule) Terral Tawon Murray v. State
Tex. App. · 2012 · confidence medium
Id. (citing Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
cited Cited as authority (rule) John William McNatt v. State
Tex. App. · 2011 · confidence medium
App. 1993); Dykes v. State , 657 S.W.2d 796, 797 (Tex. Crim.
cited Cited as authority (rule) John William McNatt v. State
Tex. App. · 2011 · confidence medium
App. 1993); Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
cited Cited as authority (rule) Rogelio Pena Jr. v. State
Tex. App. · 2010 · confidence medium
Id. ( citing Dykes v. State , 657 S.W.2d 796, 797 (Tex.Crim.App. 1983).
cited Cited as authority (rule) Rogelio Pena Jr. v. State
Tex. App. · 2010 · confidence medium
Id. (citing Dykes v. State, 657 S.W.2d 796, 797 (Tex.Crim.App. 1983).
cited Cited as authority (rule) Ildefonso S. Martinez v. State
Tex. App. · 2009 · confidence medium
Dykes v. State , 657 S.W.2d 796, 797 (Tex.Crim.App. 1983).
discussed Cited as authority (rule) Curtis Roy Kennon v. State (2×) also: Cited "see"
Tex. App. · 2008 · confidence medium
Id. (citing Dykes v. State , 657 S.W.2d 796, 797 (Tex. Crim.
discussed Cited as authority (rule) Delao v. State
Tex. Crim. App. · 2007 · confidence medium
Green v. State, 934 S.W.2d 92, 98 (Tex.Crim.App.1996); Romero v. State, 800 S.W.2d 539, 543 (Tex.Crim.App.1990); Cannon v. State, 691 S.W.2d 664, 673 (Tex.Crim.App.1985); Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.App.1983); Hawkins v. State, 628 S.W.2d 71, 75 (Tex.Crim.App.1982); Rumbangh v. State, 629 S.W.2d 747, 752 (Tex.Crim.App.1982); Green v. State, 615 S.W.2d 700, 707 (Tex.Crim.App.1981); Moon v. State, 607 S.W.2d 569, 570 (Tex.Crim.App.1980); English v. State, 592 S.W.2d 949, 952 (Tex.Crim.App.1980). 7 .
cited Cited as authority (rule) Delao, Isaiah Paul
Tex. Crim. App. · 2007 · confidence medium
App. 1985); Dykes v. State , 657 S.W.2d 796, 797 (Tex. Crim.
cited Cited as authority (rule) Dennis DeWayne Ivy v. State
Tex. App. · 2007 · confidence medium
Id. ( citing Dykes v. State , 657 S.W.2d 796, 797 (Tex.Crim.App. 1983).
discussed Cited as authority (rule) Clovis Corporation D/B/A Llano Permain Environmental v. Lubbock National Bank and Diversified Lenders, Inc.
Tex. App. · 2006 · confidence medium
The following are promises not likely to induce a defendant to speak untruthfully: (1) a statement by an officer that certain individuals would not be arrested if they were not involved in the burglary or murder was not a promise likely to cause the defendant to untruthfully admit to a murder offense, Salazar v. State, 687 S.W.2d 502, 503-04 (Tex.App.--Dallas 1985, pet'n ref'd); (2) statements from the prosecutor (a) asking the defendant to give his version so things could be straightened out, and (b) telling the defendant that he could probably go home thereafter, was not an incentive for the…
cited Cited as authority (rule) Drake, Vickie v. State
Tex. App. · 2003 · confidence medium
Id . (citing Dykes v. State , 657 S.W.2d 796, 797 (Tex. Crim.
cited Cited as authority (rule) Drake v. State
Tex. App. · 2003 · confidence medium
Id. (citing Dykes v. State, 657 S.W.2d 796, 797 (Tex.Crim.App.1983)).
cited Cited as authority (rule) Genaro Aguirre Luna v. State
Tex. App. · 2002 · confidence medium
Dykes v. State , 657 S.W.2d 796, 797 (Tex.Crim.App. 1983).
cited Cited as authority (rule) Genaro Aguirre Luna v. State
Tex. App. · 2002 · confidence medium
Dykes v. State, 657 S.W.2d 796, 797 (Tex.Crim.App. 1983).
cited Cited as authority (rule) Genaro Aguirre Luna v. State
Tex. App. · 2002 · confidence medium
Dykes v. State , 657 S.W.2d 796, 797 (Tex.Crim.App. 1983).
discussed Cited as authority (rule) Gudgell, Donna v. State
Tex. App. · 1995 · confidence medium
The following are promises not likely to induce a defendant to speak untruthfully: (1) a statement by an officer that certain individuals would not be arrested if they were not involved in the burglary or murder was not a promise likely to cause the defendant to untruthfully admit to a murder offense, Salazar v. State, 687 S.W.2d 502, 503-04 (Tex.App.--Dallas 1985, pet'n ref'd); (2) statements from the prosecutor (a) asking the defendant to give his version so things could be straightened out, and (b) telling the defendant that he could probably go home thereafter, was not an incentive for the…
discussed Cited as authority (rule) Gudgell, Donna v. State
Tex. App. · 1995 · confidence medium
The following are promises not likely to induce a defendant to speak untruthfully: (1) a statement by an officer that certain individuals would not be arrested if they were not involved in the burglary or murder was not a promise likely to cause the defendant to untruthfully admit to a murder offense, Salazar v. State, 687 S.W.2d 502, 503-04 (Tex.App.--Dallas 1985, pet'n ref'd); (2) statements from the prosecutor (a) asking the defendant to give his version so things could be straightened out, and (b) telling the -13- defendant that he could probably go home thereafter, was not an incentive fo…
discussed Cited as authority (rule) Gudgell, Donna v. State
Tex. App. · 1995 · confidence medium
The following are promises not likely to induce a defendant to speak untruthfully: (1) a statement by an officer that certain individuals would not be arrested if they were not involved in the burglary or murder was not a promise likely to cause the defendant to untruthfully admit to a murder offense, Salazar v. State, 687 S.W.2d 502, 503-04 (Tex.App.--Dallas 1985, pet'n ref'd); (2) statements from the prosecutor (a) asking the defendant to give his version so things could be straightened out, and (b) telling the defendant that he could probably go home thereafter, was not an incentive for the…
cited Cited as authority (rule) Espinosa v. State
Tex. App. · 1995 · confidence medium
Dykes v. State, 657 S.W.2d 796, 797 (Tex.Crim.App.1983).
discussed Cited as authority (rule) Donald Lamonte Wade v. State
Tex. App. · 1992 · confidence medium
Further, a confession is not rendered inadmissible because a police officer tells an accused that it would be best for him to make a statement or that "it would be better to get his business straight." Dykes v. State , 657 S.W.2d 796, 797 (Tex. Crim.
discussed Cited "see" William Geoffrey Thacker v. State
Tex. App. · 2020 · signal: see · confidence high
See Dykes v. State, 657 S.W.2d 796, 796 (Tex.Crim.App. 1983) (en banc) (recognizing that a confession is not rendered inadmissible because it is made after an accused has been told that it would be “best to tell the truth,” or “best for him to go ahead and make a statement.”); see also Muniz v. State, 851 S.W.2d 238, 253-54 (Tex.Crim.App. 1993) (en banc) (statements made to a suspect regarding how a confession can sometimes result in leniency do not render a confession involuntary); Drake v. State, 123 S.W.3d 596, 603 (Tex.App.--Houston [14th Dist.] 2003, pet. ref'd) (officer's asserti…
cited Cited "see" Eric Dewayne Small v. State
Tex. App. · 2016 · signal: see · confidence high
See Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
discussed Cited "see" Reginald Tyrone Hollins v. State (2×)
Tex. App. · 2014 · signal: see · confidence high
See Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
discussed Cited "see" Timothy Morales v. State
Tex. App. · 2012 · signal: see · confidence high
See Dykes v. State, 657 S.W.2d 796, 797 (Tex.Crim.App.1983) (officer’s statement that the sheriff would “help” the suspect was “general” and not a promise but rather an “expressionf ] of opinion”); Redd v. State, 14-08-01089-CR, 2009 WL 4810190 , at *5 (Tex.App.-Houston [14th Dist.] Dec. 15, 2009, pet. ref'd) (“General statements by an officer that he is there to help defendant and is the only one who can help defendant do not indicate the ‘if-then’ relationship required to establish a promise.”).
discussed Cited "see" Marcos Magdeleano Rodriguez v. State
Tex. App. · 2004 · signal: see · confidence high
See Dykes v. State , 657 S.W.2d 796, 797 (Tex. Crim.
discussed Cited "see" Marcos Magdeleano Rodriguez v. State
Tex. App. · 2004 · signal: see · confidence high
See Dykes v. State , 657 S.W.2d 796, 797 (Tex. Crim.
cited Cited "see" Steven Phillips v. State
Tex. App. · 2004 · signal: see · confidence high
See Dykes v. State , 657 S.W.2d 796, 797 (Tex. Crim.
discussed Cited "see, e.g." Richard Vashawn Redd v. State
Tex. App. · 2009 · signal: see also · confidence medium
App. 1993); see also Dykes v. State , 657 S.W.2d 796, 797 (Tex. Crim.
discussed Cited "see, e.g." Joe Luis Guerrero v. State
Tex. App. · 2009 · signal: see also · confidence medium
App. 1970); see also Dykes v. State, 657 S.W.2d 796, 797 (Tex. Crim.
cited Cited "see, e.g." Mitchel v. State
Tex. App. · 2008 · signal: see also · confidence medium
See Dixon, 206 S.W.3d at 590 ; see also Dykes v. State, 657 S.W.2d 796, 797 (Tex.Crim.App.1983) (holding that an officer’s advising a suspect to cooperate does not amount to coercion).
discussed Cited "see, e.g." Wendell Roy Mitchel v. State
Tex. App. · 2008 · signal: see also · confidence medium
See Dixon , 206 S.W.3d at 590 ; see also Dykes v. State , 657 S.W.2d 796, 797 (Tex. Crim.
discussed Cited "see, e.g." Aldo Pena Penaflor v. State
Tex. App. · 2006 · signal: see also · confidence medium
App. 1993); see also Dykes v. State , 657 S.W.2d 796, 797 (Tex. Crim.
Billy Ray DYKES, Appellant,
v.
the STATE of Texas, Appellee
65329.
Court of Criminal Appeals of Texas.
Jul 13, 1983.
657 S.W.2d 796
Steve Johnson, Marlin, for appellant., Robert Huttash, State’s Atty. and Alfred Walker, Asst. State’s Atty., Austin, for the State.
Dally.
Cited by 57 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: Court of Appeals of Texas (1)

OPINION ON REINSTATEMENT OF THE APPEAL

DALLY, Commissioner.

The record has now been supplemented with the trial court’s findings of fact and conclusions of law concerning the issues surrounding the taking of the appellant’s confession. The appeal is reinstated and the appellant’s grounds of error will be considered.

The first ground of error to be considered is that in which the appellant asserts he was unlawfully induced to make the confession because of promises made to him by the sheriff to whom he gave the confession, and because of promises made by others in positions of authority.

The pertinent findings of the trial judge are:

“3. Prior to signing the confession defendant was advised of his legal and constitutional rights and specifically waived them.
4. On several occasions, Sheriff Pamp-lin, whose credibility is not assailed, testified that no promises were made to defendant as an inducement for him to sign the confession.
5. There is no evidence of any probative force that shows any promise of any benefit to defendant that was sanctioned by the proper authority that would be likely to cause defendant to speak untruthfully.”

We will not reiterate the facts already summarized in the opinion on original submission in which the appeal was abated 649 S.W.2d 633. The trial judge’s finding that Sheriff Pamplin made no[*797] threats or promises of reward or benefit to obtain the appellant’s confession is supported by his testimony in the record. The appellant’s testimony was rejected by the trial judge, as was that of the District Attorney, if it could in any way be considered as impeaching the testimony of the sheriff. Issues of fact concerning the voluntariness of a defendant’s confession are for the trial judge to decide; he is the sole judge of the credibility of the witnesses. Rumbaugh v. State, 629 S.W.2d 747 (Tex.Cr.App.1982); Moon v. State, 607 S.W.2d 569 (Tex.Cr.App.1980).

The appellant has also urged that the statements made to him by Kirk and Luedke induced him to confess. The statements attributed to Kirk and Luedke by appellant were not promises; they were expressions of opinion. Also, Kirk was called as a defense witness at the punishment stage of the trial and was asked by defense counsel whether the appellant’s written statement was voluntary. Kirk replied that it was. Luedke’s statement to appellant that if he would cooperate with Pamplin, Pamplin would help him was general. Luedke was not explicit as to how appellant should cooperate; Luedke did not suggest to appellant he should confess, nor tell him he would get a lighter punishment. Luedke was not a witness.

A confession is not rendered inadmissible because it is made after an accused has been told by the officer taking the confession that it would be best to tell the truth; Smith v. State, 91 Tex.Cr.R. 15, 237 S.W. 265 (Tex.Cr.App.1922); Collins v. State, 171 Tex.Cr.R. 585, 352 S.W.2d 841 (Tex.Cr.App.1961); Link v. State, 172 Tex.Cr.R. 241, 355 S.W.2d 713 (Tex.Cr.App.1962), or “it would be best for him to go ahead and make a statement,” or “it would be better to get his business straight,” Coursey v. State, 457 S.W.2d 565 (Tex.Cr.App.1970). The opinions stated by Luedke and Kirk were no more likely to induce the confession than those of an officer taking the confession telling a defendant that it would be better to get his business straight or that it would be best to tell the truth. It is not shown that the trial judge abused his discretion in resolving the disputed issues of fact against the appellant and finding the confession admissible.

The appellant also urges that the State failed to prove that he did not have the consent of the owners to enter the house he was alleged to have burglarized, and that the trial court erroneously admitted evidence unlawfully obtained.

The State proved lack of consent for entry of the burglarized house by the testimony of the alleged owner. However, the appellant urges this was not sufficient since the wife of the alleged owner testified and she was not asked whether she had consented to the entry of the house. This contention has no merit. Mixon v. State, 365 S.W.2d 364 (Tex.Cr.App.1963); Fletcher v. State, 396 S.W.2d 393 (Tex.Cr.App.1965); Hogan v. State, 529 S.W.2d 515 (Tex.Cr.App.1975); 4 Branch’s Ann.P.C. 2d Ed., Section 2536, p. 864.

The appellant’s ground of error in which he urges unlawfully obtained evidence was admitted presents nothing for review, except as it relates to the confession, since there were no pretrial motions or trial objections preserving these matters for review, except as to the confession.

The judgment is affirmed.

Opinion approved by the Court.