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Ex Parte Nanes

Court of Criminal Appeals of Texas
Dec 14, 1977
558 S.W.2d 893 (Tex. Crim. App. 1977)

Summary

granting post-conviction habeas relief to defendant who alleged he was denied his constitutional rights "because he was not afforded an interpreter" based on stipulation by State that defendant did not understand English and affidavit from interpreter who testified that he was not present during many phases of trial

Summary of this case from Balderas v. State

Opinion

No. 56261.

December 14, 1977.

Appeal from the 222nd Judicial District Court, Deaf Smith County, David Wesley Gulley, J.

Marvin O. Teague, Houston, for appellant.

Andy J. Shuval, Dist. Atty., Hereford, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION


This is a post-conviction habeas corpus application from the 222nd District Court in Deaf Smith County. Art. 11.07, V.A.C.C.P. Appellant contends that he was denied his constitutional rights to confrontation of the witnesses at his original trial because he was not afforded an interpreter throughout the proceedings.

The record shows that appellant was convicted in 1969 of the offense of statutory rape and sentenced to life. The conviction was affirmed in our Cause No. 49,751 by a per curiam opinion, 524 S.W.2d 518.

The record at the habeas corpus proceeding reflects that the State entered into a stipulation with the appellant in the trial court that the appellant did not understand the English language during the case in which he was convicted. The record also contains an affidavit of the interpreter that he was not present during many of the phases of the trial and that he was only asked to interpret while the appellant was on the stand and when appellant was asked to change his plea. He further stated:

"I felt bound as an interpreter to express to Mr. Nanes only what I was directed to do by the attorney. . . . All during the trial Mr. Nanes appeared confused and in a state of shock and I do not believe he thoroughly understood exactly what was transpiring."

We hold that the record supports appellant's contention and that the relief should be granted; it is therefore ordered that appellant be released to the Sheriff of Deaf Smith County to answer the indictment in the 222nd District Court Cause No. 2614.

DOUGLAS, J., concurs in the results.


Summaries of

Ex Parte Nanes

Court of Criminal Appeals of Texas
Dec 14, 1977
558 S.W.2d 893 (Tex. Crim. App. 1977)

granting post-conviction habeas relief to defendant who alleged he was denied his constitutional rights "because he was not afforded an interpreter" based on stipulation by State that defendant did not understand English and affidavit from interpreter who testified that he was not present during many phases of trial

Summary of this case from Balderas v. State

granting post-conviction habeas relief to defendant who alleged he was denied his constitutional rights "because he was not afforded an interpreter" based on stipulation by State that defendant did not understand English and affidavit from interpreter who testified that he was not present during "many phases" of trial

Summary of this case from Balderas v. State

In Ex parte Nanes, 558 S.W.2d 893 (Tex.Cr.App. 1977), relied upon by appellant and cited with approval in Baltierra, supra, the State stipulated at the fact-finding hearing on the habeas corpus application that Nanes had not understood English at the time of his trial.

Summary of this case from Mares v. State
Case details for

Ex Parte Nanes

Case Details

Full title:Ex parte Ernesto NANES

Court:Court of Criminal Appeals of Texas

Date published: Dec 14, 1977

Citations

558 S.W.2d 893 (Tex. Crim. App. 1977)

Citing Cases

Baltierra v. State

Article 40.09, Section 13, V.A.C.C.P. See Ex Parte Nanes, 558 S.W.2d 893 (Tex.Cr.App. 1977); see also Negron…

Syed v. State

We affirm. Appellant contends the court committed error by its refusal to provide an interpreter upon request…