Maria Gloria Hernandez v. The State of Texas--Appeal from 209th District Court of Harris County

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Hernandez-MG v. State /**/

IN THE

TENTH COURT OF APPEALS

 

No. 10-93-194-CR

 

MARIA GLORIA HERNANDEZ,

Appellant

v.

 

THE STATE OF TEXAS,

Appellee

 

From the 209th District Court

Harris County, Texas

Trial Court # 653,111

 

O P I N I O N

 

Maria Hernandez entered an "open" guilty plea to one count of possession of a controlled substance, cocaine, with intent to deliver. Tex. Health & Safety Code Ann. 481.102(3)(D), 481.112 (Vernon 1992 & Supp. 1996). The court assessed punishment of five years imprisonment. She raises one point of error, complaining that no record was made of the plea proceedings despite the lack of a waiver of her "right" to have the court reporter make a record. The "right" to have a court reporter take notes of the proceedings must be invoked by the defendant before it must be honored. Tex. R. App. P. 11(a)(1); Osborne v. State, 845 S.W.2d 319, 322-23 (Tex. App. Houston [1st Dist.] 1992, pet. ref'd); Green v. State, 841 S.W.2d 926, 927 (Tex. App. Corpus Christi 1992, no pet.). Hernandez does not claim that she requested a court reporter or that she was mislead about her privilege to have the proceedings recorded. Osborne, 845 S.W.2d at 322.

Therefore, we overrule her sole point of error and affirm the judgment.

 

PER CURIAM

 

Before Justice Cummings, and

Justice Vance

Affirmed

Opinion delivered and filed April 17, 1996

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