(Download) "Kenneth Ray Glaze v. State Texas" by Court of Criminal Appeals of Texas No. 225-82 * eBook PDF Kindle ePub Free
eBook details
- Title: Kenneth Ray Glaze v. State Texas
- Author : Court of Criminal Appeals of Texas No. 225-82
- Release Date : January 19, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
DAVIS, Judge. In this appeal from a revocation of probation the court of appeals for the Ninth Supreme Judicial District upheld appellant's collateral attack upon his original plea of guilty, and reversed the revocation of his probation, because of ineffective assistance of counsel given appellant upon his original plea of guilty in Septemger of 1980. Glaze v. State, 628 S.W.2d 252 (Tex.App.-Beaumont 1982). We granted the State's petition for discretionary review. On September 15, 1980 appellant pled guilty to the offense of burglary. The court suspended the imposition of sentence and placed appellant on probation for ten years. On March 26, 1981 the trial court revoked appellant's probation based upon a written stipulation of evidence and appellant's plea of true to the allegations in the Motion to Revoke. In accord with a plea agreement the court assessed punishment at six years' confinement. Appellant waived his ten days in which to file a Motion for New Trial or Motion in Arrest of Judgment, Art. 40.05, V.A.C.C.P. The trial court sentenced appellant eleven days later, on April 6, 1981. On April 16, 1981 the trial court granted appellant's Motion for Leave to File Motion for New Trial and set aside appellant's sentence pending a determination by the court on appellant's Motion for New Trial. On April 27 a hearing was held on the motion. On May 4 the motion was overruled and appellant filed notice of appeal on May 12.The trial court signed an order granting appellant permission to appeal on May 13.