Court of Criminal Appeals of Texas

Clarence Randolph Bryant, Appellant v. the State of Texas

April 6, 20052005 Tex. Crim. App. LEXIS 517

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals, holding that a defendant who stipulates to prior convictions creates a judicial admission that waives his right to contest the State's proof of those elements, and therefore he may not raise a sufficiency of the evidence claim on appeal. The Court also noted that the stipulation need not be admitted into evidence to be effective. Justice Meyers dissented, and Justices Johnson and Cochran each filed concurring opinions addressing the record‑keeping of stipulations.