Texas Court of Appeals
Aune v. State
No. 07-23-00165-CR 7/22/24
Issue:
Does a defendant’s entry of a guilty plea by videoconference without first providing an in-person or written waiver of his physical appearance in court deprive a trial court of jurisdiction to adjudicate him guilty?
Holding:
No. While a trial judge should not accept a defendant’s guilty plea by videoconference without the defendant’s consent, “this lack of authority arises as a result of the trial court failing to comply with a statutory requirement and is not jurisdictional.” Because the defendant did not challenge the judge’s order of deferred adjudication at the time it was issued, he waived the statutory error. Read opinion.
Commentary:
The general rule is that a defendant who is placed on deferred adjudication community supervision (“deferred”) must appeal issues relating to the defendant’s original plea proceeding and the trial court’s deferred order when the trial court first imposes deferred not if/when deferred is later revoked and the trial court adjudicates guilt. There are two exceptions to this rule: (1) the “void judgment” exception, and (2) the “habeas corpus” exception.
This case involves the first exception and reminds readers of the distinction between “void” and “voidable” in this context. A judgment is “void” only in very rare circumstances, usually when the trial court lacks jurisdiction. See Nix v. State, 65 S.W.3d 664, 668 (Tex. Crim. App. 2001), for a nearly exhaustive list of situations wherein a judgment will be deemed void. If a judgment is void, it is a nullity and can be challenged on appeal at any time, including after the trial court revokes deferred and adjudicates guilt.
Conversely, a judgment is “voidable” if the complained-of error is of a statutory nature but does not deprive the trial court of jurisdiction. If a particular error renders a trial court’s judgment merely voidable, not void, then the defendant cannot challenge the judgment at any time but must instead timely object to the error (and pursue the objection via appeal at the proper time, as in this type of case) to preserve the matter for appellate review.
TDCAA Names Next Executive Director
The Texas District & County Attorneys Association (TDCAA) is proud to announce the hiring of a new executive director, its first in more than 20 years.
Mr. Shannon Edmonds, currently TDCAA’s Director of Government Relations, was named the next executive director after a months-long search. The current executive director, Rob Kepple, announced his retirement effective at the end of 2024.
Erleigh Wiley, TDCAA Board President and the elected Criminal District Attorney in Kaufman County, headed up the statewide search for a new ED, appointing a selection committee of several former and current Texas prosecutors. The committee also commissioned a survey of TDCAA’s membership (all Texas prosecutor office personnel—more than 6,500 people) to gather their opinions about the association and its future needs, which shaped the committee’s search for ED candidates.
“I am thrilled to welcome Shannon Edmonds as our new Executive Director for TDCAA,” Ms. Wiley said. “Shannon brings a wealth of knowledge and experience. I am confident that his leadership will be instrumental in advancing TDCAA’s goals and furthering our impact in the legal community.” For more information, click here.
Texas Crime Lab Records (CLR) Connect Newsletter
The Texas 88th Legislature passed Senate Bill 991, which tasked the Texas DPS with the establishment and maintenance of a central computerized portal to facilitate criminal discovery of crime laboratory records. The DPS has named this portal program “Texas Crime Lab Records Connect”, or “Texas CLR Connect” for short (which is pronounced Texas “Clear” Connect). For the inaugural July 2024 CLR Connect Newsletter, click here.
Call for Prosecutor Participation in ASB Consensus Bodies
The American Academy of Forensic Sciences – Academy Standards Board (ASB) is seeking prosecutors to participate on its committees that set standards and best practices in various forensic science areas. For more information on how to apply, click here.