Mayse v. State

ROBERTS, Judge

(dissenting).

My predictions were not delusive; today, they are fully realized. The majority has, in effect, successfully abolished Article 26.13, V.A.C.C.P.

My concern arose when this Court began to accept as “sufficient compliance” those admonitions which were clearly substandard according to the statute. Admittedly, I have served on this Court for a relatively short period of time, but I retain the perhaps naive notion that we should follow those guidelines which the legislature has seen fit to establish, unless, of course, the law is unconstitutional.

*916I dissented in Espinosa v. State, 493 S.W.2d 172 (Tex.Cr.App.1973) and Mitchell v. State, 493 S.W.2d 174 (Tex.Cr.App.1973), and for the reasons stated in those causes, I dissent herein. See also, Presiding Judge Onion’s concurring opinion in Heathcock v. State, 494 S.W.2d 570 (Tex.Cr.App.1973). My fear was that a gradual erosion of the statute was taking place. The admonishment in the instant case, even read liberally, inquires of the appellant as follows: was he pleading guilty because of force or promises? There is an absolute void as to an inquiry concerning a plea of guilty based upon any persuasion, fear, or delusive hope of pardon. Trial judges are now put on notice that they need not comply with Article 26.13, V.A.C.C.P. SO' long as any sloppy effort is put forth in accepting a guilty plea, the majority will accept it as “sufficient compliance”.

I dissent.

ONION, P. J., joins in the dissent.