Scott v. State, 945 S.W.2d 347 (Tex. App. 1997). · Go Syfert
Scott v. State, 945 S.W.2d 347 (Tex. App. 1997). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 1 distinct court.
Strongest positive: Christopher Lee McCarty v. the State of Texas (texapp, 2022-12-15)
Top citers, strongest first. 14 distinct citers.
discussed Cited as authority (rule) Christopher Lee McCarty v. the State of Texas
Tex. App. · 2022 · confidence medium
Scott v. State, 945 S.W.2d 347, 348 (Tex. App.—Houston [1st Dist.] 1997, no pet.). 3 Analysis As in Jones, no written confession or stipulation by Appellant was admitted into evidence. “[O]ur case law has recognized that the defendant may enter a sworn written statement, or may testify under oath in open court, specifically admitting his culpability or at least acknowledging generally that the allegations against him are in fact true and correct; and again, so long as such a judicial confession covers all of the elements of the charged offense, it will suffice to support the guilty plea.�…
discussed Cited as authority (rule) Christopher Ray Weatherspoon v. State
Tex. App. · 2016 · confidence medium
See Chindaphone, 241 S.W.3d at 218, 220 (“when the accused specifically states in the judicial confession, ‘I have read the indictment or information filed in this case and I committed each and every act alleged therein,’ the judicial confession standing alone is sufficient to support a guilty plea under article 1.15”).3 2 See also Walker v. State, No. 03-03-00018-CR, 2003 WL 21554285 , at *2 (Tex. App.—Austin July 11, 2003, no pet.) (mem. op., not designated for publication) (“There is no requirement that the defendant swear to the waiver and stipulation before the clerk or anyone…
discussed Cited as authority (rule) Christopher William Davis v. State
Tex. App. · 2016 · confidence medium
See, e.g., Dinnery, 592 S.W.2d at 353 ; Tabora v. State, 14 S.W.3d 332 , 337–38 (Tex. App.—Houston [14th Dist.] 2000, no pet.) (holding that form “Waiver of Constitutional Rights, Agreement to Stipulate, and Judicial Confession” signed by appellant sufficiently supported plea of no contest under article 1.15); Scott v. State, 945 S.W.2d 347, 348 (Tex. App.—Houston [1st Dist.] 1997, no pet.) (holding that appellant’s stipulation that he “agree[d] that the elements of the offense alleged [in the indictment] constitute the evidence in this case” sufficiently supported a plea of no…
discussed Cited as authority (rule) Jason Wayne Brooks v. State
Tex. App. · 2014 · confidence medium
See Chindaphone, 241 S.W.3d at 220 (concluding that judicial confession that “‘I have read the indictment or information filed in this case and I committed each and every act alleged therein’” was sufficient to support guilty plea); Watson v. State, 974 S.W.2d 763, 765 (Tex. App.—San Antonio 1998, pet. ref’d) (explaining that judicial confession alone is sufficient to support guilty plea “even if the defendant does nothing more than affirm that the allegations in the indictment are true and correct”); 8 Scott v. State, 945 S.W.2d 347, 348 (Tex. App.—Houston [1st Dist.] 1997, …
discussed Cited as authority (rule) Matthew Cameron Hansberger v. State
Tex. App. · 2012 · confidence medium
See, e.g., Dinnery , 592 S.W.2d at 353 ; Tabora v. State, 14 S.W.3d 332 , 337–38 (Tex. App.––Houston [14th Dist.] 2000, no pet.) (holding that form “Waiver of Constitutional Rights, Agreement to Stipulate, and Judicial Confession” signed by appellant sufficiently supported plea of no contest under article 1.15); Scott v. State , 945 S.W.2d 347, 348 (Tex. App.––Houston [1st Dist.] 1997, no pet.) (holding that appellant’s stipulation that he “agree[d] that the elements of the offense alleged [in the indictment] constitute the evidence in this case” sufficiently supported a pl…
discussed Cited as authority (rule) Ronald Jones v. Massachusetts Mutual Life Insurance Company Bank of America N. A. R. Dwayne Danner Kelly Orlando And Robert Mowery
Tex. App. · 2012 · confidence medium
See, e.g., Dinnery, 592 S.W.2d at 353 ; Tabora v. State, 14 S.W.3d 332 , 337–38 (Tex. App.––Houston [14th Dist.] 2000, no pet.) (holding that form “Waiver of Constitutional Rights, Agreement to Stipulate, and Judicial Confession” signed by appellant sufficiently supported plea of no contest under article 1.15); Scott v. State, 945 S.W.2d 347, 348 (Tex. App.––Houston [1st Dist.] 1997, no pet.) (holding that appellant’s stipulation that he “agree[d] that the elements of the offense alleged [in the indictment] constitute the evidence in this case” sufficiently supported a plea…
discussed Cited as authority (rule) Geoffrey Martin Welch v. State
Tex. App. · 2009 · confidence medium
In Scott v. State , the First Court of Appeals encountered a nearly identical stipulation and found that, while the stipulation was no model, it was A the functional equivalent of a stipulation embracing every element of the offense charged. @ Scott v. State , 945 S.W.2d 347, 348 (Tex. App. C Houston [1st Dist.] 1997, no pet.).
discussed Cited as authority (rule) Chindaphone v. State (2×)
Tex. App. · 2007 · confidence medium
See, e.g., Dinnery, 592 S.W.2d at 353 ; Tabora v. State, 14 S.W.3d 332, 337-38 (Tex.App.-Houston [14th Dist.] 2000, no pet.) (holding that form “Waiver of Constitutional Rights, Agreement to Stipulate, and Judicial Confession” signed by appellant sufficiently supported plea of no contest under article 1.15); Scott v. State, 945 S.W.2d 347, 348 (Tex.App.Houston [1st Dist.] 1997, no pet.) (holding that appellant’s stipulation that he “agreefd] that the elements of the offense alleged [in the indictment] constitute the evidence in this case” sufficiently supported a plea of no contest u…
discussed Cited as authority (rule) Khanthavong Chindaphone v. State
Tex. App. · 2007 · confidence medium
See, e.g., Dinnery, 592 S.W.2d at 353 ; Tabora v. State, 14 S.W.3d 332, 337-38 (Tex. App.—Houston [14th Dist.] 2000, no pet.) (holding that form “Waiver of Constitutional Rights, Agreement to Stipulate, and Judicial Confession” signed by appellant sufficiently supported plea of no contest under article 1.15); Scott v. State , 945 S.W.2d 347, 348 (Tex. App.—Houston [1st Dist.] 1997, no pet.) (holding that appellant’s stipulation that he “agree[d] that the elements of the offense alleged [in the indictment] constitute the evidence in this case” sufficiently supported a plea of no c…
cited Cited as authority (rule) in the Matter of M.H.
Tex. App. · 2005 · confidence medium
App. 1996); Scott v. State, 945 S.W.2d 347, 348 (Tex. App.—Houston [1st Dist.] 1997, no pet.).
cited Cited as authority (rule) in the Matter of M.H.
Tex. App. · 2005 · confidence medium
App. 1996); Scott v. State, 945 S.W.2d 347, 348 (Tex. App.—Houston [1st Dist.] 1997, no pet.).
discussed Cited "see" Christopher Cordil-Cortinas v. State (2×)
Tex. App. · 2015 · signal: see · confidence high
See Scott v. State, 945 S.W. 2d 347, 348 (Tex. App.-Houston [1st Dist] 1997, no pet.)(holding that the defendant agreeing that the elements of the offense alleged in the indictment constitute the evidence in the case was sufficient to satisfy the validation requirements of Article 1.15.) See also Brown v. State, 2012 WL 3594228 , 13-11-00595-CR at 3 (Tex.-App. Corpus Christi 2012, pet. ref’d)(mem. op. not designed for publication)(holding that the defendant agreeing and stipulating as part of a guilty plea that all the acts alleged in Count 1 of the indictment was true was evidence that coul…
cited Cited "see" Datrick Washington v. State
Tex. App. · 2009 · signal: see · confidence high
See Scott v. State , 945 S.W.2d 347, 348 (Tex. App. C Houston [1st Dist.] 1997, no pet.).
discussed Cited "see" Guiterrez v. State
Tex. App. · 2005 · signal: see · confidence high
See Scott v. State, 945 S.W.2d 347, 348 (Tex.App.-Houston [1st Dist.] 1997, no pet.) (holding that appellant’s stipulation that he "agree[d] that the elements of the offense alleged [in the indictment] constitute the evidence in this case” sufficed under article 1.15 to support no contest plea); see also Tabora v. State, 14 S.W.3d 332, 337-38 (Tex.App.-Houston [14th Dist.] 2000, no pet.) (holding that form "Waiver of Constitutional Rights, Agreement to Stipulate, and Judicial Confession” signed by appellant sufficed under article 1.15 to support no contest plea); Wright v. State, 930 S.W…
Zarak Baron SCOTT, Appellant,
v.
the STATE of Texas, Appellee
01-96-00481-CR.
Court of Appeals of Texas.
May 8, 1997.
945 S.W.2d 347
Mark J. Kelly, Houston, for appellant., Denise V. Wilkerson, Galveston, for appel-lee.
Cohen, Nuchia, Andell.
Cited by 16 opinions  |  Published

OPINION

NUCHIA, Justice.

Appellant entered a plea of nolo contende-re to the charge of aggravated sexual assault with no plea bargain. The trial court found appellant guilty and sentenced him to 25 years in prison. We affirm.

BACKGROUND

In conjunction with his nolo contendere plea, appellant endorsed a document entitled[*348] “WRITTEN PLEA ADMONISHMENTS-WATVERS-STIPULATIONS.” A section of this document contains appellant’s stipulation under the heading “NOLO CONTENDERE PLEA.” Appellant’s signature appears below that section. In his evidentiary “stipulation,” appellant agreed that the allegations recited in the indictment “constitute the evidence in this case.” Following the entry of appellant’s plea, and without objection from either party, the trial court heard evidence relevant to punishment.

DISCUSSION

In his two points of error, appellant now contends his stipulation was insufficient to support his conviction and that there was no evidence to support the trial court’s judgment.

The legal effect of a plea of nolo contendere is the same as a plea of guilty. See Stone v. State, 919 S.W.2d 424, 426 (Tex.Crim.App.1996). A plea of guilty is sufficient of itself to support a conviction under federal constitutional review. Ex parte Williams, 703 S.W.2d 674, 682 (Tex.Crim.App.1986). Therefore, the only question before us is: Was there sufficient evidence to satisfy article 1.15 of the Code of Criminal Procedure? See TexCode CRImP. Ann. art. 1.15 (Vernon 1977 & Supp.1997).

Article 1.15 provides that, when a defendant pleads guilty or nolo contendere to a felony, the State must introduce evidence showing the guilt of the defendant. That evidence, however, may be stipulated to by the defendant. See TexCode CRIM.P. Ann. art. 1.15. The evidence shall be accepted by the court as the basis for its judgment, and it must be sufficient to support the judgment. See TexCode CRImP. Ann. art. 1.15.

It is clear that in reviewing whether a plea of guilty or nolo contendere meets the requirements of article 1.15, we must look to see if there was some evidence showing the defendant engaged in the criminal conduct, sufficient to support the trial court’s judgment of guilt.

Here, appellant entered into the following stipulation:

I freely and voluntarily plead NOLO CON-TENDERE (NO CONTEST) to the indictment ... by which I have been charged in this cause and agree that the elements of the offense alleged therein constitute the evidence in this case.

(Emphasis added.)

Appellant “stipulates” that the allegations of the indictment itself “constitute the evidence in this case.” By agreeing to this, the parties have in effect agreed that, were the State to present its evidence, the evidence would be that on or about the 24th day of July, 1994, Zarak Baron Scott did intentionally and knowingly cause the penetration of the female sexual organ of a child, Jamillah Parish, by using his penis, and Jamillah Parrish was at the time younger than fourteen years of age.

The Court of Criminal Appeals has routinely found a stipulation as to what witnesses would testify had they been present at trial is sufficient to support a conviction in the context of article 1.15. See, e.g., Stone, 919 S.W.2d. at 426. The stipulation here is certainly no model, but it is the functional equivalent of a stipulation embracing every element of the offense charged. We conclude, therefore, there is sufficient evidence to establish the guilt of appellant.

We overrule appellant’s points of error.

We affirm the judgment of the trial court.