Gutierrez v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that in the context of adjudication 3 proceedings, the legislature has not required trial courts to admonish defendants pursuant to 26.13
• holding that article 26.13 of code of criminal procedure, which requires trial courts to give certain admonishments before accepting plea of guilty or nolo contendere, applies only to felony prosecutions
• recognizing that the trial court's discretion to allow a defendant to withdraw a guilty plea is not restricted except where Texas Code of Criminal Procedure 26.13 makes allowing withdrawal mandatory.
• holding that article 26.13 of code of criminal procedure, which requires trial courts to give certain admonishments before accepting plea of guilty or nolo contendere, applies only to felony prosecutions
• holding in revocation context that trial courts are not required to admonish defendants pursuant to Article 26.13
• explaining that “only proper role of the trial court in the plea-bargain process is advising the defendant whether it will ‘follow or reject’ the bargain between the state and the defendant”

Source: CourtListener parenthetical corpus (CC0).

Cited by

114 cases in this archive cite this case; the 20 most cited are listed.

• Hargesheimer v. State
  Court of Criminal Appeals of Texas· 2006-01-18· cited 375×
• State of Texas v. Guerrero, Ex Parte Marcelino
  Court of Criminal Appeals of Texas· 2013-06-05· cited 303×
• Moore v. State
  Court of Criminal Appeals of Texas· 2009-07-01· cited 140×
• Pena v. State
  Tex. App. Ct., 13th Dist.· 2004-04-08· cited 50×
• Bowie v. State
  Court of Criminal Appeals of Texas· 2004-05-19· cited 30×
• Donald Ray Brown v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2015-10-08· cited 5×
• Jose Alvaro Sanchez v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2015-04-20
• Frank D. Patton, Jr. v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2009-10-01
• Joshua Allen Baggett v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2004-05-20
• Tario Salam A/ka Tario Salam Khan v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2006-10-12
• Billy Wayne Aylor v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2006-10-12
• Ex Parte Ivan Dario Restrepo
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2009-12-31
• Michael Parrett v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2006-11-22
• Tresa Byrd v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2007-11-15
• Reuben Vincent Rabsatt v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2007-11-15
• David Anthony Johnson v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2007-05-04
• Raymond Fernandez v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2007-01-16
• Ediberto Gaona v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2007-01-16
• Robert William Moore v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2008-07-08
• Ex Parte Alfonso O. Quintero
  Tex. App. Ct., 3rd Dist. (Austin)· 2009-01-08

Cites

15 cases in this archive are cited by this case.

• Strickland v. Washington
  Supreme Court· 1984-06-25· cited 123,578×
• Brady v. United States
  Supreme Court· 1970-05-04· cited 7,191×
• Santobello v. New York
  Supreme Court· 1971-12-20· cited 5,257×
• Patton v. United States
  Supreme Court· 1930-04-14· cited 1,162×
• Jackson v. State
  Court of Criminal Appeals of Texas· 1998-07-08· cited 1,105×
• Johnson v. State
  Court of Criminal Appeals of Texas· 1981-04-08· cited 75×
• McGuire v. State
  Court of Criminal Appeals of Texas· 1981-06-10· cited 66×
• Cruz v. State
  Court of Criminal Appeals of Texas· 1975-11-19· cited 53×
• Trevino v. State
  Court of Criminal Appeals of Texas· 1975-03-12· cited 50×
• Empy v. State
  Court of Criminal Appeals of Texas· 1978-09-20· cited 49×
• Galvan v. State
  Court of Criminal Appeals of Texas· 1975-07-16· cited 32×
• Valdez v. State
  Court of Criminal Appeals of Texas· 1974-03-27· cited 13×
• Nash v. State
  Court of Criminal Appeals of Texas· 1980-03-19· cited 13×
• In Re Rubio
  Tex. App. Ct., 13th Dist.· 2001-09-13· cited 11×
• Gutierrez v. State
  Court of Appeals of Texas· 2001-12-13· cited 8×