Hung Le v. State
01-14-01019-CR
| Tex. App. | Jul 8, 2015Background
- Hung Le charged with aggravated assault on a public servant in Harris County, Texas.
- Appellant pleaded guilty in the trial court without a State agreement, and requested a presentence investigation.
- Appellant executed a Waiver of Rights, Agreement to Stipulate and Judicial Confession signed by all parties.
- Written admonishments under Art. 26.13 were signed; the court also orally admonished Appellant and asked about coercion.
- A presentence report was ordered; a sentencing hearing occurred three months later resulting in a life sentence.
- Appellant’s counsel filed a frivolous-appeal brief under Anders; appeal contends 26.13 compliance was lacking, but the court resolves the issue in favor of compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court comply with Art. 26.13 before accepting the guilty plea? | Le contends 26.13 requirements were met. | Le argues potential noncompliance with 26.13, meriting reversal. | Yes; trial court complied with 26.13. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (frivolous-appeal standard for appointed counsel)
- Gomez v. State, 921 S.W.2d 329 (Tex.App.-Corpus Christi 1996) (admonishments may be written or oral under 26.13)
- Lindsey v. State, 902 S.W.2d 9 (Tex.App.-Corpus Christi 1995) (written admonishments require signed acknowledgment of understanding)