Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Khanthavong Chindaphone pleaded guilty to the offense of sexual assault. The victim of the sexual assault testified at the sentencing hearing that she and Chindaphone had dated for about nine months and had engaged in a sexual relationship. She testified that after they had broken up, Chindaphone came to town to return some of her things. Amanda X. testified that, during Chindaphone’s visit to return her things, he pushed her, slapped her and choked her. Amanda next testified that she went to the hospital and submitted to a rape exam. HOLDING:Affirmed. Chindaphone argues that the evidence does not support his guilty plea as required by Texas Code of Criminal Procedure Article 1.15. Chindaphone relies on the Tyler Court of Appeals’ 2006 decision in Landon v. State. Landon, however, is inapplicable to these facts. Chindaphone executed a judicial confession that indicated he had read the indictment and had committed every act alleged therein. Chindaphone’s judicial confession, unlike Landon’s, embraces every element of the charged offense. OPINION:Walker, J.; before Livingston, Dauphinot and Walker, JJ. DISSENT:Dauphinot, J. “Had the State offered Appellant’s judicial confession into evidence, there would be no question whether the constitutional and statutory due process requirements were met. As the record stands, it is unclear whether the document referred to in the judicial notice portion of the boilerplate language is the document containing the application for community supervision or the entire document containing the plea agreement, waivers, and judicial confession. What is clear from the record is that no one offered stipulations or the judicial confession into evidence or asked the trial court to take judicial notice of a judicial confession. Nor did the trial court announce that it was aware of the existence of a judicial confession. . . . “The State had only to ask that the judicial confession be admitted into evidence or that the trial court take judicial notice of the judicial confession. But the record shows that neither step occurred. Consequently, I would hold the evidence insufficient to support Appellant’s guilty plea, reverse the conviction, and remand the case to the trial court.”

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?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


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.