Christopher Wayne Wilder v. State

• Court: Court of Criminal Appeals of Texas
• Decided: July 20, 2015
• Docket: 06-15-00091-CR
• Status: Published

Opinion

ACCEPTED 06-15-00091-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 7/17/2015 11:28:38 AM DEBBIE AUTREY CLERK

NO. 06-15-00091-CR

IN THE COURT OF APPEALS RECEIVED IN 6th COURT OF APPEALS TEXARKANA, TEXAS SIXTH APPELLATE DISTRICT OF TEXAS 7/17/2015 11:28:38 AM DEBBIE AUTREY AT TEXARKANA, TEXAS Clerk

CHRISTOPHER WAYNE WILDER, Appellant 7/20/2015 VS.

THE STATE OF TEXAS, Appellee

Appealed from the 276th Judicial District Court Marion County, Texas Trial Court Cause No. F14492

BRIEF OF APPELLANT IN SUPPORT OF MOTION TO WITHDRAW

Submitted by:

James P. Finstrom Counsel for Appellant P.O. Box 276 Jefferson, Texas 75657 903-665-7111 Fax: 903-665-7167 State Bar #07038000

APPELLANT DOES NOT REQUEST ORAL ARGUMENT IDENTITY OF PARTIES AND COUNSEL Pursuant to T.R.A.P. 38.1(a)

Appellant: Christopher Wayne Wilder Institutional Division of Texas Department of Criminal Justice #02001232 Joe F. Gurney Unit 1385 FM 3328 Tennessee Colony, Texas 75803

Appellant’s Counsel for Appellant at hearing on State’s petition to revoke probated sentence

Hon. Robert L. Cole, Jr. 409 Fredonia, Suite 101 Longview, Texas 75601

Appellant’s Counsel on appeal:

Hon. James P. Finstrom P.O. Box 276 Jefferson, Texas 75657

State’s Counsel at hearing on motion to adjudicate and on appeal:

Hon. Angela Smoak, County Attorney 102 West Austin Street Jefferson, Texas 75657

Trial Judge:

Hon. Robert Rolston, Judge, 276th Judicial District Court Marion County, Texas

2 TABLE OF CONTENTS Pursuant to T.R.A.P. 38.1(b) Page

IDENTITY OF PARTIES AND COUNSEL 2

TABLE OF CONTENTS 3

INDEX OF AUTHORITIES 5

STATEMENT OF THE CASE 6

ISSUE PRESENTED 7

ISSUE NO. 1: DOES THE ISSUE WHETHER THE EVIDENCE IS SUFFICIENT TO SUSTAIN THE COURT’S ORDER ADJUDICATING APPELLANT’S GUILT HAVE MERIT ON APPEAL?

ISSUE NO. 2: DOES THE ISSUE WHETHER THE JUDICIAL CONFESSION OF APPELLANT WHEN HE PLEADED GUILTY AND RECEIVED A TEN YEAR SENTENCE PROBATED FOR EIGHT YEARS AND A $2500.00 FINE IS SUFFICIENT TO SUSTAIN THE JUDGMENT OF THE TRIAL COURT REVOKING HIS PROBATION AFTER HIS PLEAS OF TRUE TO SOME OF THE ALLEGATIONS IN THE MOTION TO REVOKE HIS PROBATION HAVE MERIT ON APPEAL?

ISSUE NO. ONE (Restated) 7

DOES THE ISSUE WHETHER THE EVIDENCE IS SUFFICIENT TO SUSTAIN THE COURT’S ORDER REVOKING APPELLANT’S PROBATION HAVE MERIT ON APPEAL?

SUMMARY OF THE ARGUMENT 7

ARGUMENT (Issue No. 1) 8

3 ISSUE NO. TWO (Restated) 8

DOES THE ISSUE WHETHER THE JUDICIAL CONFESSION OF APPELLANT WHEN HE PLEAD GUILTY AND RECEIVED A TEN YEAR SENTENCE PROBATED FOR EIGHT YEARS AND A $2500.00 FINE IS SUFFICIENT TO SUSTAIN THE JUDGMENT OF THE TRIAL COURT REVOKING HIS PROBATION AFTER HIS PLEAS OF TRUE TO SOME OF THE ALLEGATIONS IN THE MOTION TO REVOKE HIS PROBATION HAVE MERIT ON APPEAL?

SUMMARY OF THE ARGUMENT 9

ARGUMENT (Issue No. 2) 9

PRAYER 9

CERTIFICATE OF SERVICE 10

4 INDEX OF AUTHORITIES Pursuant to T.R.A.P. 38.1(c)

Cases: Page

Burns v. State, 835 S.W.2d 733 7 (Tex.App.—Corpus Christi 1992, p.d.r. ref.)

Dinnery v. State, 592 S.W.2d 343 (Crim.App. 1970) 8

Statutes:

All references to Texas statutes, rules, etc. are to the latest edition published by West Publishing Company, unless otherwise noted.

5 STATEMENT OF THE CASE Pursuant to T.R.A.P. 38.1(d)

Appellant entered a plea of guilty on August 7, 2014, to an

indictment alleging the third degree felony offense Of Failure To

Comply With Sex Offenders Duty To Register committed on June 30,

2013, and received a ten (10) year sentence in the Institutional

Division of the Texas Department of Criminal Justice probated for

eight (8) years and a $2500.00 fine. (CR 22-23) On January 14,

2014, Appellee filed State’s Petition to Revoke Probated Judgment.

(CR 25-26) On May 20, 2015, Appellant entered a plea of true to

alleged violations numbered one through five in the Petition to

Revoke and the Court heard evidence and revoked Appellant’s

probation, sentencing him to seven (7) years in Institutional Division

of the Texas Department of Criminal Justice. (CR 37-38, RR 1, 8-10,

46-47) Appellant gave timely notice of appeal on May 22, 2015.

(CR 39) Counsel was appointed to represent Appellant on appeal on

June 5, 2015. (CR 40) Counsel for Appellant believes that the

appeal of this cause is without merit and submits this brief with his

motion to withdraw from representation in this cause.

6 Counsel for Appellant is sending a copy of this Brief and a copy

of the clerk’s transcript and court reporter’s record to Appellant the

date this Brief is filed.

ISSUES PRESENTED Pursuant to T.R.A.P. 38.1(e)

ISSUE NO 1: DOES THE ISSUE WHETHER THE EVIDENCE IS SUFFICIENT TO SUSTAIN THE COURT’S ORDER REVOKING APPELLANT’S PROBATION HAVE MERIT ON APPEAL?

ISSUE NO. 2: DOES THE ISSUE WHETHER THE JUDICIAL CONFESSION OF APPELLANT WHEN HE PLEADED GUILTY AND RECEIVED A TEN YEAR SENTENCE PROBATED FOR EIGHT YEARS AND A $2500.00 FINE IS SUFFICIENT TO SUSTAIN THE JUDGMENT OF THE TRIAL COURT REVOKING HIS PROBATION AFTER HIS PLEAS OF TRUE TO SOME OF THE ALLEGATIONS IN THE MOTION TO REVOKE HIS PROBATION HAVE MERIT ON APPEAL?

ISSUE NO. ONE

(Restated)

DOES THE ISSUE WHETHER THE EVIDENCE IS SUFFICIENT TO SUSTAIN THE COURT’S ORDER REVOKING APPELLANT’S PROBATION HAVE MERIT ON APPEAL?

SUMMARY OF THE ARGUMENT Pursuant to T.R.A.P. 38.1(g)

Appellant discerns no potential issues to be raised on the

appeal of this cause other than the sufficiency of evidence to support

the judgment of the trial court finding Appellant guilty and probating

7 his sentence and the sufficiency of the evidence to support the order

of the trial court revoking his probation. Neither have merit under the

authorities hereinafter set forth. No other issues were raised in the

record.

ARGUMENT

Pursuant to T.R.A.P. 38.1(h) Issue No. 1

Appellant entered pleas of true to five of the allegations of

violation of probation alleged against him. (RR 8-9) These alone are

sufficient to sustain the trial court’s order revoking probation. See

Burns v. State, 835 S.W.2d 733 (Tex.App.—Corpus Christi 1992,

p.d.r. ref.) There are no other issues legal presented in connection

with the revocation proceeding which might arguably result in reversal

of the trial court’s order revoking probation.

ISSUE NO. TWO

DOES THE ISSUE WHETHER THE JUDICIAL CONFESSION OF APPELLANT WHEN HE PLEADED GUILTY AND RECEIVED A TEN YEAR SENTENCE PROBATED FOR EIGHT YEARS AND A $2500.00 FINE IS SUFFICIENT TO SUSTAIN THE JUDGMENT OF THE TRIAL COURT REVOKING HIS PROBATION AFTER HIS PLEAS OF TRUE TO SOME OF THE ALLEGATIONS IN THE MOTION TO REVOKE HIS PROBATION HAVE MERIT ON APPEAL?

8 SUMMARY OF THE ARGUMENT Pursuant to T.R.A.P. 38.1(g)

See summary presented for Issue No. 1 above.

Pursuant to T.R.A.P. 38.1(h) Issue No. 2

It has long been the law that a judicial confession standing

alone is sufficient to support a finding of guilty and assessment of

punishment after a plea of guilty. (CR 9-11) See Dinnery v. State,

592 S.W.2d 343 (Crim.App. 1970) No other issues were preserved

for appeal in connection with Appellant’s plea of guilty as part of a

plea bargain.

PRAYER

Upon the issues presented, counsel for Appellant, Christopher

Wayne Wilder, is of the opinion that Appellant’s appeal is without

merit in this case prays that he be permitted to withdraw in this case

and for such other and further relief to which Appellant may be

entitled.

9 Respectfully submitted,

_/s/James P. Finstrom____ James P. Finstrom Counsel for Appellant 202 S. Marshall, P.O. Box 276 Jefferson, Texas 75657 903-665-7111 Fax: 903-665-7167 Texas Bar #07038000

CERTIFICATE OF SERVICE

I certify that I have delivered a true copy of this brief to Hon. Angela Smoak, counsel for the State, and to Appellant by United States mail, first class postage prepaid, at the Joe F. Gurney Unit, 1385 FM 3328, Tennessee Colony, Texas 75803, on this 17th day of July, 2015.

__/s/James P. Finstrom___ James P. Finstrom

CERTIFICATE OF COMPLIANCE

I certify that Appellant’s Brief filed electronically on this 17th day of July, 2015 complies with Tex. R. App. P. 9.4(i)(2)(B). This Brief contains 1,279 words.

/s/ James P. Finstrom James P. Finstrom