CRAIG GOBERT SR v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

Opinion By Justice Myers

Craig Gobert, Sr. waived a jury and pleaded guilty to evading arrest or detention while using a motor vehicle.   See Tex. Penal Code Ann. § 38.04(a) (West 2011).   The trial court assessed punishment, enhanced by two prior felony convictions, at four years' imprisonment and a $1,500 fine.   In a single issue, appellant contends his guilty plea was involuntary.   We affirm.   The background of the case and the evidence admitted at trial are well known to the parties, and we therefore limit recitation of the facts.   We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to be applied in the case is well settled.

Appellant contends he entered a guilty plea to the charges in the indictment only because he believed the trial court would grant him deferred community supervision.   Appellant asserts that because he had successfully completed terms of community supervision and parole in the past, and he needed to take care of his family, the trial court should have granted him deferred community supervision.   The State responds that the record shows appellant freely and voluntarily entered his guilty plea.

When considering the voluntariness of a guilty plea, we must examine the entire record.   See Martinez v. State, 981 S.W.2d 195, 197 (Tex.Crim.App.1998) (per curiam).   If the trial court properly admonished a defendant before a guilty plea was entered, there is a prima facie showing the plea was both knowing and voluntary.   See id.

Here, the record shows the trial court properly admonished appellant both orally and in writing.   See Tex.Code Crim. Proc. Ann. art. 26.13(a), (c) (West Supp.2010);  Kirk v. State, 949 S.W.2d 769, 771 (Tex.App.—Dallas 1997, pet. ref'd).   During the plea hearing, appellant testified he understood the charges in the indictment and the punishment range for the offense.   Appellant's signed judicial confession and stipulation of evidence was admitted into evidence.   See Pitts v. State, 916 S.W.2d 507, 510 (Tex.Crim.App.1996) (it is well settled that a judicial confession, standing alone, is sufficient to sustain a conviction upon a guilty plea).   Appellant told the trial court he took responsibility for his mistakes, and he asked the trial court for community supervision.

The fact that appellant received greater punishment than he hoped for does not render his plea involuntary.   See Tovar–Torres v. State, 860 S.W.2d 176, 178 (Tex.App.—Dallas 1993, no pet.).   We conclude appellant has not shown his guilty plea was involuntary.   We resolve appellant's sole issue against him.

We affirm the trial court's judgment.

LANA MYERS JUSTICE