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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.

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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”).

 
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