Lester Baxter Starnes v. State ( 2007 )

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

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No. 06-06-00101-CR ______________________________



LESTER BAXTER STARNES, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 336th Judicial District Court Fannin County, Texas Trial Court No. 20925

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Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley

MEMORANDUM OPINION

A jury found Lester Baxter Starnes guilty in a single trial of three charges of aggravated sexual assault of a child and three charges of indecency with a child. This appeal concerns Starnes's convictions in trial court cause number 20925. All three causes were appealed separately, but were briefed together on appeal by both Starnes and the State. ⁽¹⁾ Starnes raises the same issues in each appeal.

Since the briefs and arguments raised in each appeal are identical, for the reasons stated in Starnes v. State, cause number 06-06-00099-CR, we likewise conclude Starnes has presented this Court with no reversible error and affirm the trial court's judgment.

Bailey C. Moseley

Justice

Date Submitted: January 24, 2007

Date Decided: April 26, 2007

Do Not Publish

1.

The other appeals concern trial court cause numbers 20923 and 20924.

R WP="BR2">

(2) A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules. The trial court shall enter a certification of the defendant's right of appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case-that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant-a defendant may appeal only:

(A) those matters that were raised by written motion filed and ruled on before trial, or

(B) after getting the trial court's permission to appeal.

Tex. R. App. P. 25.2(a).

2.

A plea agreement rests on the basis that it and the resulting guilty plea are voluntarily and understandably made; an involuntary plea, however, may be raised by a motion for new trial and habeas corpus, but not on appeal. Cooper v. State, 45 S.W.3d 77 (Tex. Crim. App. 2001).

3.

We have jurisdiction to determine whether we have jurisdiction. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).