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Martinez v. State

Court of Criminal Appeals of Texas
Apr 5, 1972
477 S.W.2d 576 (Tex. Crim. App. 1972)

Opinion

No. 44928.

February 23, 1972. Rehearing Denied April 5, 1972.

Appeal from the 194th District Couart, Dallas County, John Vance, J.

Emmett Colvin, Jr., Dallas, for appellant.

Henry Wade, Dist. Atty., and Robert T. Baskett, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION


The offense is possession of heroin; the punishment, assessed by the jury, thirty-two (32) years.

Appellant entered a plea of guilty, was duly admonished as to the consequences of such a plea and made no effort to withdraw that plea.

Appellant's sole contention is that the evidence introduced at his trial was the fruit of an illegal search and seizure and, consequently, inadmissible.

It is well settled that when an accused pleads guilty before a jury he admits existence of all facts necessary to establish guilt, and 'waives his constitutional right against an unreasonable search . . . .' Durham v. State, Tex.Cr.App., 466 S.W.2d 758; Cross v. State, Tex.Cr.App., 474 S.W.2d 216; Soto v. State, Tex.Cr.App., 456 S.W.2d 389; Darden v. State, Tex.Cr.App., 430 S.W.2d 494; Maldonado v. State, Tex.Cr.App., 467 S.W.2d 468; and especially Graham v. State, Tex.Cr.App., 466 S.W.2d 587.

There is, therefore, nothing presented for appellate review.

The judgment is affirmed.


Summaries of

Martinez v. State

Court of Criminal Appeals of Texas
Apr 5, 1972
477 S.W.2d 576 (Tex. Crim. App. 1972)
Case details for

Martinez v. State

Case Details

Full title:Paul MARTINEZ, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Apr 5, 1972

Citations

477 S.W.2d 576 (Tex. Crim. App. 1972)