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MENDEZ v. STATE

No. 0817-01.

138 S.W.3d 334 (2004)

John Bustamante MENDEZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

June 30, 2004.

Attorney(s) appearing for the Case

Richard Alan Anderson, Dallas, for Appellant.

Kollin Shadle, Asst. DA, Abilene, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

WOMACK, J., delivered the opinion for a unanimous Court.

In this case we resolve conflicts in our cases that have existed for over 75 years on the question of a defendant's changing a plea of guilty to a plea of not guilty when evidence that is inconsistent with guilt is introduced in a jury trial. We hold that a defendant has a right on timely request to change the plea, but that a court has no duty to do it on the court's own motion.

I. The Trial

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