Adams v. State

745 S.W.2d 536, 1988 Tex. App. LEXIS 275, 1988 WL 9860
CourtCourt of Appeals of Texas
DecidedFebruary 11, 1988
Docket01-87-00121-CR
StatusPublished
Cited by15 cases

This text of 745 S.W.2d 536 (Adams v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. State, 745 S.W.2d 536, 1988 Tex. App. LEXIS 275, 1988 WL 9860 (Tex. Ct. App. 1988).

Opinion

OPINION

SAM BASS, Justice.

The trial court found appellant guilty of theft and assessed punishment at five years.

We affirm.

The State charged appellant with theft of an automobile and unauthorized use of a motor vehicle, and sought to revoke appellant’s probation because of these two offenses. Appellant pleaded guilty and the trial court accepted his plea. As part of the plea bargain, the prosecution abandoned the unauthorized use charge, and the trial court denied the motion to revoke.

In his first point of error, appellant argues that the trial court erred in failing to arraign appellant or to secure a waiver of arraignment. Although the transcript clearly states that appellant waived arraignment, the statement of facts does not show an arraignment, nor a reading of the indictment.

We must presume that the court properly arraigned appellant and permitted him to plead to the indictment unless the record affirmatively appears to the contrary. Boening v. State, 422 S.W.2d 469, 473 (Tex.Crim.App.1968); Andrews v. State, 639 S.W.2d 4, 6 (Tex.App.—Houston [1st Dist.] 1982), aff'd in part and rev’d in part, 652 S.W.2d 370 (Tex.Crim.App.1983); Tex.R.App.P. 80(d). Because the record is ambiguous, we find that it does not affirmatively demonstrate that the required procedures did not occur.

Furthermore, even if appellant is correct in asserting that he was denied an arraignment, he failed to preserve error. Appellant did not object to the omission of an arraignment or to a formal reading of the indictment. Thus, he has waived any error on this point. Mulder v. State, 707 S.W.2d 908, 917 (Tex.Crim.App.1986); Van Wright v. State, 454 S.W.2d 406, 407 (Tex.Crim.App.1970). Appellant engaged in a lengthy dialogue with the trial court about his understanding of the State’s allegations against him and the effect of his entering a plea of guilty. Upon appellant’s entering a plea of guilty, the State offered a signed confession. Appellant stated that he voluntarily and knowingly signed this confession. It cannot be said, on these facts, that because the court failed to arraign him, appellant did not understand the nature of the charges against him.

The first point of error is overruled.

*538 In his second point of error, appellant asserts that the trial court erred in failing to determine whether he was competent to enter a plea of guilty. Tex.Code Crim.P.Ann. art. 26.13(b) (Vernon Supp.1988) states:

No plea of guilty or plea of nolo conten-dere shall be accepted by the court unless it appears that the defendant is mentally competent and the plea is free and voluntary.

The purpose of this article is to assure that the defendant does not plead guilty without a full understanding of the charges against him and the consequences of his plea. Basham v. State, 608 S.W.2d 677, 678 (Tex.Crim.App.1980). Substantial compliance with this article is sufficient to satisfy its requirements. Id.

When no issue of a defendant’s sanity is raised in defense of charges to which he pleaded guilty, and when the court has observed him and conversed with him, the court does not err in failing to question him about his sanity before accepting a guilty plea. Williams v. State, 497 S.W.2d 306, 308 (Tex.Crim.App.1973). Appellant did not object to an affirmative finding on the issue of his mental competence, and the court below had an extended opportunity to observe him and to converse with him. The court’s docket sheet states that appellant appeared to the court to be “sane.” We hold that the trial court did not fail to determine appellant’s competence because its interaction with him constituted the “substantial compliance” necessary to satisfy article 26.13. Basham v. State, 608 S.W.2d at 678; Perez v. State, 478 S.W.2d 551, 552 (Tex.Crim.App.1972).

In answer to appellant’s additional argument that the trial court erred in recording that appellant was “sane,” as opposed to “mentally competent,” we make two observations. First, Texas case law holds that when forms relating to acceptance of guilty pleas state that a defendant is “sane” rather than “mentally competent,” the requirements of article 26.13 are satisfied, the two words being synonymous for the purposes of the statute.

Second, the use of the term “sane,” to which appellant objects, is found in the court’s docket sheet. However, the trial court noted in its judgment that it found the defendant to be “mentally competent.” Therefore, the court did not fail in its statutory duty to determine whether appellant was mentally competent.

Appellant’s second point of error is overruled.

Appellant asserts in his third point of error that the trial court erred by failing to admonish him that, under federal law, if he was not a U.S. citizen his plea could result in his deportation, exclusion from admission to this country, or denial of naturalization. This admonishment is required under the Tex.Code Crim.P.Ann. art. 26.-13(a)(4) (Vernon Supp.1988). The record reflects no objection to this omission.

There is nothing in the record to indicate that appellant was other than a U.S. citizen at the time of his plea. Appellant presents no evidence that he was in any way misled or harmed by the court’s failure to admonish. Appellant does not allege that his plea was involuntary or that he was unaware of its consequences.

In all other respects, the trial court substantially complied with article 26.13. The court engaged in extensive dialogue with appellant about whether he entered his plea voluntarily and intelligently. Under these facts the trial court did not commit reversible error. Guster v. State, 522 S.W.2d 494, 495 (Tex.Crim.App.1975); Tomas v. State, 707 S.W.2d 221 (Tex.App.—Houston [1st Dist.] 1986, pet. ref’d).

Appellant’s third point of error is overruled.

In his fourth point of error, appellant contends that the trial court erred in failing to admonish him about whether it would follow the plea bargain agreement. Tex.Code Crim.P.Ann. art. 26.13(a)(2) (Vernon Supp.1988) provides that prior to accepting a plea of guilty, the court shall admonish a defendant of:

the fact that the recommendation of the prosecuting attorney as to punishment is not binding on the court. Provided that

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745 S.W.2d 536, 1988 Tex. App. LEXIS 275, 1988 WL 9860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-state-texapp-1988.