ARAIZA v. STATE

No. 08-82-00103-CR.

647 S.W.2d 101 (1983)

Miguel Reyes ARAIZA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

February 16, 1983.


Attorney(s) appearing for the Case

Eduardo N. Lerma, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., John Calhoun, Asst. Dist. Atty., El Paso, for appellee.

Before STEPHEN F. PRESLAR, C.J., and OSBORN and SCHULTE, JJ.


OPINION

OSBORN, Justice.

If a trial court holds a hearing on a late-filed motion to withdraw a plea of guilty, does the defendant have a due process right to be present? That is the question raised by this appeal. We conclude that the defendant does have a right to be present, and we reverse and remand to the trial court for the limited purpose of hearing such motion.

Miguel Reyes Araiza pled guilty on August 3, 1981, to a charge of burglary of habitation...

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