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McDade v. StateMcDade v. State

Court of Criminal Appeals of Texas
Mar 8, 1978
57253
Reporters:
,
Before:
Douglas

*488 OPINION

DOUGLAS, Judge.

Eddie McDade was convicted for burglary. His punishment was assessed at five years. On appeal he contends that he was not admonished by the trial judge as to range of punishment before the plea of guilty was accepted.

Initially McDade entered a plea of not guilty. After evidence was introduced, he informed the judge that he wanted to enter a plea of guilty. A full record of the proceedings is before this Court and it does not reflect that he was admonished as to the range of punishment before the judge accepted his plea. Under Article 26.13, V.A.C.C.P., this must be done before a plea of guilty may be accepted. See Murray v. State, 561 S.W.2d 821 (1977).

The judgment is reversed and the cause remanded.

Case Details

Case Name: McDade v. State
Court Name: Court of Criminal Appeals of Texas
Date Published: Mar 8, 1978
Citations: 562 S.W.2d 487; 1978 Tex. Crim. App. LEXIS 1070; 57253
Docket Number: 57253
Court Abbreviation: Tex. Crim. App.
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