Court of Criminal Appeals of Texas, 1972

Martinez v. State

Martinez v. State
Court of Criminal Appeals of Texas · Decided February 23, 1972 · Morrison
477 S.W.2d 576; 1972 Tex. Crim. App. LEXIS 2080 (South Western Reporter, Second Series)

Martinez v. State

Opinion of the Court

OPINION

MORRISON, Judge.

The offense is possession of heroin; the punishment, assessed by the jury, thirty-two (32) years.

Appellant entered a plea of guilty, was duly admonished as to the consequences of such a plea and made no effort to withdraw that plea.

Appellant’s sole contention is that the evidence introduced at his trial was the fruit *577of an illegal search and seizure and, consequently, inadmissible.

It is well settled that when an accused pleads guilty before a jury he admits existence of all facts necessary to establish guilt, and “waives his constitutional right against an unreasonable search . . . . ” Durham v. State, Tex.Cr.App., 466 S.W.2d 758; Cross v. State, Tex.Cr.App., 474 S.W.2d 216; Soto v. State, Tex.Cr.App., 456 S.W.2d 389; Darden v. State, Tex.Cr.App., 430 S.W.2d 494; Maldonado v. State, Tex.Cr.App., 467 S.W.2d 468; and especially Graham v. State, Tex.Cr.App., 466 S.W.2d 587.

There is, therefore, nothing presented for appellate review.

The judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.