Norwood v. State

1 Citing case

  1. Saenz v. State

    807 S.W.2d 10 (Tex. App. 1991)   Cited 4 times

    Thus, unlike Griffin where the defendant personally withdrew and explained the testimony, appellant himself did not do so. See Id. 703 S.W.2d at 195 (when exculpatory evidence is produced by the defendant himself, it may be withdrawn by him and a plea of guilty may still be taken upon his own volition); Norwood v. State, 728 S.W.2d 59, 61 (Tex.App. — San Antonio 1987, pet ref'd). Since appellant did not personally withdraw or explain his testimony, and the lawyers for both sides argued about what it meant through closing arguments, the question of guilt or innocence was clearly raised and not effectively withdrawn from the jury's consideration. Under the circumstances present here the trial court was obligated to sua sponte withdraw the guilty plea.