Barbara Ann Laflore v. State Texas

On original submission a panel of this Court, in affirming an order revoking probation and imposing sentence on appellant, overruled her contention that there was no evidence introduced at the hearing on her plea of guilty to the primary offense tending to establish her guilt. The thrust of her argument was that she executed a judicial confession to general theft pursuant to V.T.C.A. Penal Code, § 31.03 while the indicted offense is theft of services pursuant to V.T.C.A. Penal Code, § 31.04, an entirely different offense. Because the record on original submission did not contain a transcription of the court s from the guilty plea hearing, the panel was constrained to hold under the authority of Wolfe v. State, 560 S.W.2d 686 (Tex.Cr.App. 1978) and its progeny that appellant was making an improper attempt collaterally to attack sufficiency of the evidence. Having since received the transcription we granted appellant leave to file her motion for rehearing in light of her assertion that the record now supports her contention initially advanced on original submission. We agree and now reverse.