Court of Criminal Appeals of Texas

Eva Chacon Morales, Appellant v. the State of Texas

January 26, 19941994 Tex. Crim. App. LEXIS 12

Summary

The Court of Criminal Appeals affirmed the Court of Appeals' reversal of Morales' conviction, holding that a total failure to give the statutory admonishment under Tex. Code Crim. Proc. Ann. art. 26.13(a)(4) requires reversal regardless of whether the record shows the defendant's citizenship. The majority relied on McAtee and Cervantes and rejected the dissent's view that materiality and prejudice must be shown when citizenship is unknown.