[Download] "State Texas v. Jerome Hartman" by Ninth District, Beaumont No. 09-90-081 CR Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: State Texas v. Jerome Hartman
- Author : Ninth District, Beaumont No. 09-90-081 CR Court of Appeals of Texas
- Release Date : January 29, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The State of Texas appeals the granting of a motion for new trial. Jerome Hartman was charged by information with driving
while intoxicated. He pleaded guilty to the court without an attorney. The trial court assessed punishment at one year's confinement
in the Orange County Jail probated for one year with mandatory enrollment in a DWI educational program, and a $300 fine. Hartman
filed a motion for new trial on the grounds that his plea was not freely, voluntarily and intelligently entered. After a hearing,
the trial court granted the motion for new trial. The state raises two points of error. Point of error one contends the trial court erred in granting the motion for new trial because Hartman's plea was voluntary.
Point of error two avers the evidence was insufficient to support the granting of a new trial. Hartman was the only witness
at the hearing. Hartman appeared at arraignment without a lawyer and indicated to the court that he would plead guilty. The
judge directed him to the county attorneys' office for a plea bargain. The assistant county attorney asked if he had a prior
DWI conviction, offered him probation, told him he would take a DWI educational program as a condition of probation, and that
he could keep his license if he took the educational program. Hartman relied on the representation that his license would
not be suspended if he pleaded guilty in entering a guilty plea. He later discovered that his license was automatically suspended
as a result of the (subsequent) conviction. Hartman alleged his plea was not voluntary because he was induced to enter the
plea by the misinformation provided by the assistant county attorney.
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