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Defendant is in the hospital and wants to make his guilty plea and accept his sentence without leaving the hospital (over the phone). If he signs a waiver under TCCP 1.14 for this process is it ok? What is the statutory authority?
 
Posts: 69 | Location: Longview, Texas | Registered: November 08, 2006Reply With QuoteReport This Post
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Not sure about by phone. However we had a Defendant in our County who was costing big bucks in the hospital, so Judge, Prosecutor and Defense Attorney went to the hospital and did the plea,in order to get him out of our custody.
 
Posts: 13 | Location: Texas, USA | Registered: December 28, 2006Reply With QuoteReport This Post
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1.14 is the statutory authority if you hand craft your documents, especially how it is done for the benefit of and at the request of the defendant, etc.
 
Posts: 130 | Location: Texas | Registered: October 12, 2006Reply With QuoteReport This Post
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Well, apparently you can do this by phone but all the parties attending via the phone must be in the county seat. You can also conduct court business outside the courthouse but that too must be in the county seat. See Stine v. State, 908 S.W.2d 429, 433 (Tex. Crim. App. 1995); Cruz v. Hinojosa, 12 S.W.3d 545, 549 (Tex. App. - San Antonio 1999).
 
Posts: 69 | Location: Longview, Texas | Registered: November 08, 2006Reply With QuoteReport This Post
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