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Murray v. State

The cognate-pleadings test adopted in Hall v. State applies to all prosecutions, whether trial is before judge or jury. Texas Court of Criminal Appeals, No. PD-1055-08, 11-25-2009

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Pursuant to an agreement, appellant pled guilty in district court to a misdemeanor offense. This misdemeanor offense was not included within the charged offense under the cognate-pleadings test adopted in Hall v. State. *fn1 After the case was taken under advisement, appellant objected to further proceedings on this offense. We hold that the cognate-pleadings test adopted in Hall applies to all prosecutions, whether trial is had before judge or jury. We also hold that, under the circumstances presented here, appellant was not estopped from complaining. Accordingly, we affirm the judgment of the court of appeals.

I. BACKGROUND

Appellant was charged by indictment with the third-degree felony offense of making a false statement to obtain credit in the amount of $20,000 or more but less than $100,000.*fn2 Pursuant to an agreement for a sentence of six months in the county jail, he pled guilty to the offense of misdemeanor forgery of a writing.*fn3 The trial court indicated that it intended to follow the plea agreement but then took the case under advisement.

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