Guerra v. State
Decision Date | 30 December 2014 |
Docket Number | NO. 01-13-00760-CR,01-13-00760-CR |
Parties | IRIS ROSALES GUERRA, Appellant v. THE STATE OF TEXAS, Appellee |
Court | Texas Court of Appeals |
On Appeal from the 208th District Court Harris County, Texas
Iris Rosales Guerra pleaded guilty without an agreed recommendation to credit card abuse against an elderly person,1 enhanced with a prior felony conviction. The trial court sentenced her to three years' confinement. In two points of error, appellant contends that the trial court erred in finding her guilty because (1) the indictment was fundamentally defective and (2) the State failed to offer sufficient evidence to support her guilty plea. We affirm.
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The confession also contained a paragraph above the trial court's signature. That paragraph provides, in pertinent part, This document is included in the appellate record as a part of the clerk's record.
Appellant's first point of error contends that the indictment was fundamentally defective because it failed to allege the manner and means with which she intended to use the credit card. Thus, she contends, the indictment was insufficient to put her on notice of the crime with which she was charged.
Initially, we note that appellant did not object to the indictment in the trial court. Article 1.14 of the Texas Code of Criminal Procedure provides that a defendant must object to a defect, error, or irregularity of form or substance in an indictment before the date of trial; otherwise, she waives her right to challenge thaterror on appeal. TEX. CODE CRIM. PROC. art. 1.14(b) (West 2005); see Studer v. State, 799 S.W.2d 268 & 271 n.11 (Tex. Crim. App. 1990); Massey v. State, 933 S.W.2d 582, 584 (Tex. App.—Houston [1st Dist.] 1996, no pet.). Having failed to object to the alleged defect in the indictment before trial, appellant waived any error as to the sufficiency of the indictment.
The State was not required to plead evidentiary matters regarding the particular manner and means by which appellant intended to use the card. See Smith v. State, 309 S.W.3d 10, 14 (Tex. Crim. App. 2010); see also Moallen v.State, 699 S.W.2d 926, 927 (Tex. App.—Houston [1st Dist.] 1985, pet. ref'd) ( );2 Gonzales v. State, 638 S.W.2d 41, 44 (Tex. App.—Houston [1st Dist.] 1982, pet. ref'd) ( ). Accordingly, we overrule appellant's first point of error.
Appellant's second point of error contends that the State failed to introduce sufficient evidence to support her guilty plea.
When a criminal defendant pleads guilty, she waives her right to challenge the sufficiency of the evidence. Keller v. State, 125 S.W.3d 600, 605 (Tex. App.—Houston [1st Dist.] 2003), pet. dism'd, improvidently granted, 146 S.W.3d 677 (Tex. Crim. App. 2004) (per curiam); see also Staggs v. State, 314 S.W.3d 155, 159 (Tex. App.—Houston [1st Dist.] 2010, no pet.). In such cases, we confine our review of the sufficiency of the evidence to determining whether the evidence supports the conviction under article 1.15 of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 1.15 (West 2005); Keller, 125 S.W.3d at 605 (citing TEX. CODE CRIM. PROC. ANN. art. 1.15). The State must offer sufficient proof to support any judgment based on a guilty plea in a felony case tried before a court. Keller, 125 S.W.3d at 604 (citation omitted). "The State, however, is not required to prove the defendant's guilt beyond a reasonable doubt; the supporting evidence must simply embrace every essential element of the charged offense." Staggs, 314 S.W.3d at 159.
TEX. CODE CRIM. PROC. ANN. art. 1.15.
The State argues that the facts of this case are nearly identical to those in Rexford v. State, 818 S.W.2d 494 (Tex. App.—Houston [1st Dist.] 1991, pet. ref'd). In Rexford, the defendant had pleaded guilty to a charge of sexual assault. Id. at 495. On appeal, the defendant argued that the evidence was insufficient to support his plea of guilty. Id. As in this case, the defendant had signed and notarized a judicial confession which identified the elements of the crime for which he had been charged and further stated that the defendant confessed that the allegations were true. Id. In addition to the defendant's signature, the confession contained the signature of the defendant's attorney, the prosecutor, and the trial court. Id. As here, the confession was never formally admitted into evidence, but the document stated that it was executed by the defendant, filed with the papers of the case, and approved by the trial court. Id. Based on these facts, we held that theconfession was accepted and considered by the court and, therefore, constituted sufficient support of the defendant's guilty plea. Id. at 495-96.
All relevant facts present in Rexford are present in this case. Because there is no legally significant distinction between Rexford and this case, the holding of Rexford applies. See id.; see also Sosa v. State, No. 01-13-00665-CR, 2014 WL 2933154, at *2 (Tex. App.—Houston [1st Dist.] June 26, 2014, no pet.) (mem. op., not designated for publication) (Rexford) evidence supporting guilty plea sufficient where facts were identical to relevant facts in . As such, we hold that there is sufficient supporting evidence to uphold appellant's...
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