X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Mario Rosalez pleaded guilty to sexually assaulting his estranged wife. On a form called “Written Waiver of Defendant Joined by Attorney,” a provision stated that Rosalez was waiving his right to a jury trial. Another provision stated, “I DO/DO NOT request a presentence investigation.” Rosalez circled “I DO,” signed and dated the document, as did his attorney and the trial court. Rosalez objected to the presentence investigation report because he said it contained inadmissible hearsay that, if considered, would deny Rosalez his right to confrontation under the Texas and federal constitutions. The trial court sustained some of Rosalez’ objections and overruled others. The trial court took judicial notice of the report’s contents and sentenced Rosalez to 12 years in prison. On appeal, Rosalez again challenges the presentence report, though only on U.S. constitutional grounds, not Texas. HOLDING:Affirmed. The court points out that Rosalez signed and dated written plea admonishments that expressly waived his right to confront and cross-examine witnesses at both the guilt and punishment phases of the proceedings against him. Rosalez’ attorney and the trial court also approved of the admonishments, stating affirmatively that Rosalez was voluntarily waiving his rights. The court rejects the Rosalez’ reliance on Carroll v. State, 42 S.W.3d 129 (Tex.Crim.App. 2001), which held that a defendant did not knowingly and voluntarily waive her 6th Amendment rights at sentencing even though she filed a written waiver. The court distinguishes Carroll, because unlike that case, in Rosalez’ case, the words “both on guilt and punishment” were expressly included in the plea admonishments. Gardner, J.; Cayce, CJ, Gardner and Walker, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.