Rice v. State

16 Citing cases

  1. Huntley v. State

    No. 12-24-00101-CR (Tex. App. Aug. 29, 2024)

    A plea is not rendered involuntary simply because a defendant received a greater punishment than he anticipated. See Tovar-Torres v. State, 860 S.W.2d 176, 178 (Tex. App.-Dallas 1993, no pet.); Rice v. State, 789 S.W.2d 604, 607 (Tex. App.-Dallas 1990, no pet.).

  2. Swisher v. State

    No. 10-19-00285-CR (Tex. App. Dec. 30, 2020)

    The State is required to prove beyond a reasonable doubt that the accused is the person who committed the crime charged. Roberson v. State, 16 S.W.3d 156, 167 (Tex. App.—Austin 2000, pet. ref'd) (citing Johnson v. State, 673 S.W.2d 190, 196 (Tex. Crim. App. 1984); Rice v. State, 901 S.W.2d 16, 17 (Tex. App.—Fort Worth 1990, pet. ref'd)). Identity may be proven by direct or circumstantial evidence.

  3. Swisher v. State

    No. 10-19-00285-CR (Tex. App. Sep. 9, 2020)   Cited 1 times

    The State is required to prove beyond a reasonable doubt that the accused is the person who committed the crime charged. Roberson v. State, 16 S.W.3d 156, 167 (Tex. App.—Austin 2000, pet. ref'd) (citing Johnson v. State, 673 S.W.2d 190, 196 (Tex. Crim. App. 1984); Rice v. State, 901 S.W.2d 16, 17 (Tex. App.—Fort Worth 1990, pet. ref'd)). Identity may be proven by direct or circumstantial evidence.

  4. Scott v. State

    No. 10-19-00073-CR (Tex. App. Sep. 9, 2020)

    The State is required to prove beyond a reasonable doubt that the accused is the person who committed the crime charged. Roberson v. State, 16 S.W.3d 156, 167 (Tex. App.—Austin 2000, pet. ref'd) (citing Johnson v. State, 673 S.W.2d 190, 196 (Tex. Crim. App. 1984); Rice v. State, 901 S.W.2d 16, 17 (Tex. App.—Fort Worth 1990, pet. ref'd)). Identity may be proven by direct or circumstantial evidence.

  5. Nelson v. State

    No. 10-19-00082-CR (Tex. App. Mar. 11, 2020)   Cited 1 times

    The State is required to prove beyond a reasonable doubt that the accused is the person who committed the crime charged. Roberson v. State, 16 S.W.3d 156, 167 (Tex. App.—Austin 2000, pet. ref'd) (citing Johnson v. State, 673 S.W.2d 190, 196 (Tex. Crim. App. 1984); Rice v. State, 901 S.W.2d 16, 17 (Tex. App.—Fort Worth 1990, pet. ref'd)). Identity may be proven by direct or circumstantial evidence.

  6. Rhynes v. State

    No. 10-17-00248-CR (Tex. App. Apr. 10, 2019)

    The State is required to prove beyond a reasonable doubt that the accused is the person who committed the crime charged. Roberson v. State, 16 S.W.3d 156, 167 (Tex. App.—Austin 2000, pet. ref'd) (citing Johnson v. State, 673 S.W.2d 190, 196 (Tex. Crim. App. 1984); Rice v. State, 901 S.W.2d 16, 17 (Tex. App.—Fort Worth 1990, pet. ref'd)). Identity may be proven by direct or circumstantial evidence.

  7. Villanueva v. State

    NO. 12-11-00039-CR (Tex. App. Oct. 17, 2012)   Cited 1 times

    A plea is not rendered involuntary simply because a defendant received a greater punishment than he anticipated. See Tovar-Torres v. State, 860 S.W.2d 176, 178 (Tex. App.—Dallas 1993, no pet.); Rice v. State, 789 S.W.2d 604, 607 (Tex. App.—Dallas 1990, no pet.).

  8. Bowen v. State

    Nos. 05-07-01739-CR, 05-07-01740-CR (Tex. App. Dec. 23, 2008)

    But the mere fact appellant's punishment was higher than anticipated or hoped for does not render his guilty plea involuntary. See Tovar-Torres v. State, 860 S.W.2d 176, 178 (Tex.App.-Dallas 1993, no pet.) (per curiam); Rice v. State, 789 S.W.2d 604, 607 (Tex.App.-Dallas 1990, no pet.) (per curiam). We overrule the first issue.

  9. Aldrich v. State

    53 S.W.3d 460 (Tex. App. 2001)   Cited 53 times
    Concluding defendant was not entitled to necessity instruction when she failed to admit to all elements charged in the indictment

    The mere fact the punishment was higher than anticipated or hoped for does not render a guilty plea involuntary. See Tovar-Torres v. State, 860 S.W.2d 176, 178 (Tex.App.-Dallas 1993, no pet.) (per curiam); Rice v. State, 789 S.W.2d 604, 607 (Tex.App.-Dallas 1990, no pet.) (per curiam).

  10. Thomas v. State

    2 S.W.3d 640 (Tex. App. 1999)   Cited 41 times
    Holding in case where defendant pleaded guilty to aggravated assault with a deadly weapon, that same conduct could be used as an element of an offense and also serve as the basis for a deadly weapon finding

    The mere fact that appellant may have received a higher punishment than he anticipated or hoped does not render his guilty plea involuntary. See Tovar-Torres v. State, 860 S.W.2d 176, 178 (Tex.App.-Dallas 1993, no pet.) (per curiam); Rice v. State, 789 S.W.2d 604, 607 (Tex.App.-Dallas 1990, no pet.) (per curiam). We conclude appellant has not rebutted the prima facie showing of voluntariness, nor has he established that counsel misled him into entering a guilty plea.