Johny Ray Hargrove v. State

CourtCourt of Appeals of Texas
DecidedJune 22, 2015
Docket13-14-00687-CR
StatusPublished

This text of Johny Ray Hargrove v. State (Johny Ray Hargrove 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
Johny Ray Hargrove v. State, (Tex. Ct. App. 2015).

Opinion

ACCEPTED 13-14-00687-CR FILED THIRTEENTH COURT OF APPEALS IN THE 13TH COURT OF APPEALS CORPUS CHRISTI, TEXAS CORPUS CHRISTI - EDINBURG 6/22/2015 5:43:09 PM CECILE FOY GSANGER CLERK 6/22/15 Appellate Cause No. 13-14-00687-CR CECILE FOY GSANGER, CLERK BY DTello ******************************************************** RECEIVED IN 13th COURT OF APPEALS CORPUS CHRISTI/EDINBURG, TEXAS IN THE COURT OF APPEALS6/22/2015 5:43:09 PM THIRTEENTH JUDICIAL DISTRICTCECILE FOY GSANGER AT CORPUS CHRISTI, TEXAS Clerk

******************************************************** JOHNY RAY HARGROVE,

Appellant.

v.

THE STATE OF TEXAS,

Appellee.

********************************************************** Appeal from Cause Numbers A-14-5081-2-CR In the 36th Judicial District Court of Aransas County, Texas **********************************************************

AMENDED ANDER’S BRIEF

********************************************************** CORETTA T. GRAHAM Attorney at Law SBN 50511851 Graham Legal Services 3206 Reid Drive, suite 105 Corpus Christi, TX 78404 (361) 723-1530 office (361) 723-1531 fax grahamlegalservices@yahoo.com (E-mail)

COUNSEL FOR APPELLANT

pg. 1 IDENTITY OF PARTIES AND COUNSEL

Appellant JOHNY RAY HARGROVE TDC#01973074 TDCJ – WILLACY UNIT 1695 South Buffalo Drive Raymondville, TX 78580

Counsel for Appellant (Trial) At the Trial, the defendant was represented by: RICHARD ZAPATA SBN 24037766 P.O. BOX 867 Sinton, TX 78387 Phone: 361-364-1775 Fax: 361-364-1778

Counsel for Appellant (Appeal) On Appeal, the defendant is represented by: CORETTA T. GRAHAM SBN 50511851 3206 Reid Drive Suite 105 Corpus Christi, Texas 78404 Phone: 361-723-1530 Fax: 361-723-1531

Counsel for Appellee The Honorable Michael Welborn 36th Judicial District Attorney Office PO BOX 1393 Sinton TX 78387 Phone: 361-364-9390 Fax: 361-364-9490

pg. 2 TABLE OF CONTENTS Item Page

Identity of the Parties and Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Index of Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Statement of the Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-6

Statement Regarding Oral Argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Issues Presented . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Statement of Facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Summary of the Argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-12

Prayer/Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Certificate of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Certificate of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

pg. 3 INDEX OF AUTHORITIES

United States Supreme Court Cited at Page

Anders v. California, 386 U.S. 738 (1967) 6, 8

Court of Appeals/ Court of Criminal Appeals Cited at Page

Kelly v. State, PD-0702-13, 2014 WL 2865901, at **1–4 (Tex. Crim. App. June 25, 2014) 6, 8

In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) 8

Hawkins v. State, 112 S.W.3d 340 (Tex. App.—Corpus Christi 2003, no pet.) 9

pg. 4 STATEMENT OF THE CASE

On or about February 29, 2013, Johny Ray Hargrove (“Hargrove”) requested

counsel per inmate request forms. [CR, Pg. 13-14] Defendant was then appointed

counsel. [CR, Pg. 11-12] On May 27, 2014, Hargrove was indicted along with Eric

Ochoa for one count of Possession of Heroin with intent to deliver, a second

degree felony. [CR, Pg. 5-6] On June 24, 2014, Counsel for Hargrove filed several

motions including a motion to suppress evidence and a motion for competency and

insanity evaluations. [CR, Pg. 16-39] Orders for a competency evaluation and for

an insanity evaluation were signed on July 9, 2014. [CR, Pg. 59-60] A psychiatric

(competency) evaluation was completed and submitted to the court on or about

September 23, 2014 [CR, Pg. 46-53] A competency (insanity) evaluation was

completed and submitted to the court on or about September 16, 2014. [CR, Pg.

54-58]

On October 9, 2014, Hargrove with Counsel signed written admonishments,

a judicial confession and stipulations, without a plea agreement with the State of

Texas. [CR, Pg. 61-122] Hargrove entered a plea of guilty. [CR, Pg. 61] Hargrove

applied for deferred adjudication probation [CR, Pg. 123] On or about November

20, 2014, at sentencing, Hargrove’s application for community supervision was

denied and he was given a sentence of ten years at the Texas Department of

pg. 5 Criminal Justice, Institutional Division (“TDC-ID”). [CR, Pg. 129] Also, the trial

court certified Hargrove’s right to appeal. [CR, Pg. 124] A notice of appeal was

filed on November 24, 2014. [CR, Pg. 126] Counsel was appointed for Hargrove’s

appeal. [CR, Pg. 127]

STATEMENT REGARDING ORAL ARGUMENT

I am not requesting oral argument. Further, I have filed a motion to

withdraw as counsel and have filed this brief pursuant to Anders v. California, 386

U.S. 738 (1967) and Kelly v. State, PD-0702-13, 2014 WL 2865901, at **1–4

(Tex. Crim. App. June 25, 2014). After meeting with the appellant, doing careful

study of the record including the competency and insanity evaluations, and

reviewing the applicable law, I believe that this case presents no appealable issues.

ISSUES PRESENTED

My review of the record reveals no issues which can be advanced in good

faith. Any arguable points that could exist were waived by Hargrove during his

open plea agreement. Thus, the questions raised in this Anders appeal are:

I. Whether the trial court committed reversible error with Hargrove’s plea?; and II. Whether the trial court committed reversible error with Hargrove’s sentence?

pg. 6 STATEMENT OF FACTS

On October 9, 2014, a hearing was held to consider Hargrove’s plea. [RR

Vol. 2, Pg. 1 Ln 15-23] The court confirmed Hargrove’s identity and reviewed the

range of punishment. [RR Vol 2, Pg. 2 Ln 10-20] The court considered Hargrove’s

competency to enter a plea. [RR Vol. 2, Pg. 4 Ln 1-25] Without objection from

defense counsel, Hargrove was found competent to proceed with his plea. [RR

Vol.2 Pg. 5 Ln 1-6] The court reviewed the waiver of rights form, and the “court’s

written admonishments” form; and Hargrove waived his right to a jury trial. [RR

Vol.2, Pg. 5 Ln 4-25] Then Hargrove was asked about the stipulation and judicial

confession that he signed. [RR Vol. 2, Pg. 6 Ln 9-25] Hargrove acknowledged that

he signed the documents to admit his guilt. [RR Vol. 2, Pg. 7 Ln 9-11]

Hargrove also pled guilty in open court. [RR Vol. 2, Pg. 7 Ln 17-18] The

court reviewed the voluntariness of his plea. [RR Vol. 2, Pg. 7 Ln 19-23] The court

acknowledged his application for community supervision as part of an open plea to

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
In Re Schulman
252 S.W.3d 403 (Court of Criminal Appeals of Texas, 2008)
Hawkins v. State
112 S.W.3d 340 (Court of Appeals of Texas, 2003)
Kelly, Sylvester
436 S.W.3d 313 (Court of Criminal Appeals of Texas, 2014)

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Bluebook (online)
Johny Ray Hargrove v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johny-ray-hargrove-v-state-texapp-2015.