Court of Criminal Appeals of Texas

Bertwell Elber Whitten, Iii, Appellant v. the State of Texas, Appellee

June 20, 19791979 Tex. Crim. App. LEXIS 1526

Summary

The Court held that the trial court's failure to personally admonish the defendant of the statutory range of punishment violated Art. 26.13 of the V.A.C.C.P., rendering the guilty plea invalid. The prosecutor's explanation of the punishment range to the jury did not constitute substantial compliance because the admonishment was not directed to the defendant. Accordingly, the conviction was reversed and the case remanded for further proceedings.