Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Birdsong v. State

Though the court doesnt condone the state's calling the appellant to testify, given the totality of the circumstances presented by the record, the appellant was not compelled to testify, but did so voluntarily, thereby waiving his right not to testify.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appellant Glenn Tony Birdsong II pleaded guilty to two charges of unauthorized use of a vehicle. See Tex. Pen. Code Ann. � 31.07 (West 1994). Following a hearing, the district court assessed punishment at two years in state jail. See id. � 12.35. Appellant challenges his sentence by one point of error, contending that the district court erred in allowing the State to call him to testify during the punishment phase of his trial. We will affirm the district court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The State indicted appellant on two charges of unauthorized use of a vehicle. There were no injuries involved in the events giving rise to the indictments, although the unauthorized use of one of the vehicles resulted in approximately $19,000 in property damage. Appellant pleaded guilty to both charges but did not enter into a plea-bargain agreement with the State. Appellant judicially confessed, waiving his right against self-incrimination with respect to his guilt. *fn1 After the district court accepted the guilty plea, the court scheduled a punishment hearing and ordered a presentence investigation report (“PSI”).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
Deputy Chief Attorney

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...


Apply Now ›
Compliance Director

PLEASE REVIEW THE ENTIRE POSTING TO ENSURE ALL REQUIRED DOCUMENTS ARE SUBMITTED. August 14, 2024 Notice of Job Vacancy #2024-05 An opp...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements