SCOTT v. STATE

No. 05-83-00301-CR.

668 S.W.2d 430 (1984)

Vern William SCOTT, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied March 30, 1984.


Attorney(s) appearing for the Case

John Hagler, Dallas, for appellant.

Henry Wade, Dist. Atty., Jeffrey Keck, Asst. Dist. Atty., for appellee.

Before CARVER, ALLEN and SHUMPERT, JJ.


SHUMPERT, Justice.

This is an appeal from a conviction of forgery. In one ground of error, appellant contends that the magistrate lacked the statutory authority to preside over the hearing at which the guilty plea was accepted because the plea was not "negotiated" within the meaning of TEX.REV.CIV. STAT.ANN. art. 1918c(4)(a)(1) (Vernon Supp.1982-1983). We agree with appellant's contention and reverse and remand for a new trial.

In this case, the magistrate...

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