Randy Cleo Baucham v. State ( 1995 )

Baucham v. State

IN THE

TENTH COURT OF APPEALS

No. 10-94-112-CR

     RANDY CLEO BAUCHAM,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the 203rd District Court

Dallas County, Texas

Trial Court # F93-27149-P

O P I N I O N

      Appellant Randy Cleo Baucham was charged by an enhanced indictment with unlawful delivery of a controlled substance, to-wit: cocaine in the amount of less than 28 grams. Appellant pled guilty and trial was had to a jury which found him guilty. After he pled true to the enhancement paragraph of the indictment, the jury assessed his punishment at eighteen years confinement in the Texas Department of Criminal Justice, Institutional Division. The trial court entered judgment and sentenced Appellant in accordance with the jury verdict.

      Appellant asserts one point of error, contending the trial court completely failed to admonish him regarding the potential deportation and naturalization consequences of his guilty plea under the provisions of Article 26.13(a)(4), Tex. Code Crim. Proc. We overrule this contention and affirm the trial court's judgment.

      The State's evidence included Exhibits 7 and 8, same being two penitentiary packets which prove Appellant is an American citizen, showing the date of his birth and the place of birth in Rockwall County, Texas. The record is unambiguous on the fact of Appellant's American citizenship.

      The relevant portions of Article 26.13 read as follows:

Prior to accepting a plea of guilty . . . the court shall admonish the defendant of: (4) the fact that if the defendant is not a citizen of the United States of America, a plea of guilty . . . for the offense charged may result in deportation, the exclusion from admission to this country, or the denial of naturalization under federal law.

      When the record is clear as to United States citizenship, as here, no admonishment must be given. Mitchell v. State, 848 S.W.2d 917 (Tex. App.—Texarkana 1993, pet. ref'd); Foster v. State, 817 S.W.2d 390 (Tex. App.—Beaumont 1991, no pet.).

      Judgment of the trial court is affirmed.

                                                                               JOHN A. JAMES, JR.

                                                                               Justice (Retired)

Before Chief Justice Thomas,

      Justice Vance, and

      Justice James (Retired)

Affirmed

Opinion delivered and filed December 6, 1995

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