Gerardo Pedraza v. State
05-13-01391-CR
Tex. App.May 13, 2015Background
- Pedraza was convicted by a jury of burglary of a habitation and sentenced to 27 years’ imprisonment and a $10,000 fine.
- The State alleged an enhancement based on Pedraza’s October 2011 burglary conviction.
- The indictment and jury charge listed only the October 2011 burglary as the enhancement predicate; other prior convictions were offered in a stipulation.
- During trial, Pedraza’s attorney asked the court to admonish him; the court explained punishment ranges with enhancement and possible stacking.
- The State read the enhancement paragraph; Pedraza’s attorney stated “true” on Pedraza’s behalf, and Pedraza later affirmed understanding of the admonishments.
- The jury ultimately found the enhancement true, and the court read the full enhancement to determine punishment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pedraza validly pled true to the enhancement | Pedraza did not personally plead to enhancement. | Pedraza’s attorney acted on his behalf to plead true. | Record shows Pedraza pled true through his attorney; no error. |
Key Cases Cited
- Tindel v. State, 830 S.W.2d 135 (Tex. Crim. App. 1992) (attorney can plead for defendant on enhancement when no objection is made)
- Jones v. State, 111 S.W.3d 600 (Tex. App.—Dallas 2003) (read enhancement without personal plea if attorney acts and no objections)
