Carroll v. State (2001)
In Carroll v. State, 42 S.W.3d 129 (Tex. Crim. App. 2001), the defendant entered an open plea of guilty and a sentencing hearing was held almost three months later.
At that hearing, the trial court told the defendant if she invoked her right against self-incrimination, the trial court would consider that as a circumstance against her when determining punishment. Id. at 131.
The court of criminal appeals held the right to avoid self-incrimination continued at sentencing and a waiver of that right at the guilt-innocence phase was insufficient to waive the right at punishment, even when those phases are combined following a guilty plea. Id. at 133.
The court then concluded the defendant did not knowingly, voluntarily, and intelligently waive her federal constitutional right against self-incrimination at sentencing even though she had executed and filed a written waiver. Id. at 133.
The waiver did not specifically mention punishment. Id. at 132--33.