Armando Sosa, Jr. v. State ( 2014 )


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  • Opinion issued June 26, 2014
    In The
    Court of Appeals
    For The
    First District of Texas
    ————————————
    NO. 01-13-00665-CR
    ———————————
    ARMANDO SOSA, JR., Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 262nd District Court
    Harris County, Texas
    Trial Court Case No. 1369717
    MEMORANDUM OPINION
    Appellant, Armando Sosa, Jr., was charged by indictment with aggravated
    robbery. 1 Appellant pleaded guilty. The trial court found him guilty and assessed
    1
    See TEX. PENAL CODE ANN. §§ 29.02(a)(1), 29.03(a)(2) (Vernon 2011),
    § 31.03(a), (b)(1) (Vernon Supp. 2013).
    punishment at 20 years’ confinement. In one issue on appeal, Appellant argues
    that the State failed to offer sufficient evidence to support his plea of guilty.
    We affirm.
    Background
    The State charged appellant with aggravated robbery. Appellant ultimately
    pleaded guilty to the offense. As a part of his plea, Appellant signed a judicial
    confession.    Appellant’s signature on the confession was notarized.               The
    confession was also signed by Appellant’s attorney, the prosecutor, and the trial
    court. The confession provides, in pertinent part,
    The charges against me allege that in Harris County, Texas, Armando
    Sosa, hereafter styled the Defendant, heretofore on or about
    November 8, 2012, did then and there unlawfully, while in the course
    of committing theft of property owned by [the complainant], and with
    intent to obtain and maintain control of the property, intentionally and
    knowingly cause bodily injury to [the complainant], and the
    Defendant did then and there use and exhibit a deadly weapon,
    namely, a knife.
    Against the peace and dignity of the State.
    I understand the above allegations and confess that they are true and
    that the acts alleged above were committed on 11.8.2012.
    In open court I consent to the oral and written stipulation of evidence
    in this case and to the introductions of affidavits, written statements,
    of witnesses, and other documentary evidence.
    The confession also contained a paragraph above the trial court’s signature.
    That paragraph provides, in pertinent part, “This document was executed by the
    2
    defendant, his attorney, and the attorney representing the State, and then filed with
    the papers of the case. The defendant then came before me and I approved the
    above and the defendant entered a plea of guilty.” This document is included in
    the appellate record as a part of the clerk’s record.
    Sufficiency of Evidence in Support of Guilty Plea
    In his sole issue, Appellant argues the State failed to offer sufficient
    evidence to support his plea of guilty.
    A.    Standard of Review
    When he pleads guilty, a criminal defendant waives his right to challenge the
    sufficiency of the evidence. Keller v. State, 
    125 S.W.3d 600
    , 605 (Tex. App.—
    Houston [1st Dist.] 2003), pet. dism’d, improvidently granted, 
    146 S.W.3d 677
    (Tex. Crim. App. 2004) (per curiam); see also Staggs v. State, 
    314 S.W.3d 155
    ,
    159 (Tex. App.—Houston [1st Dist.] 2010, no pet.). In such cases, we confine our
    review of the sufficiency of the evidence to determining whether the evidence
    supports the conviction under article 1.15 of the Texas Code of Criminal
    Procedure. See TEX. CODE CRIM. PROC. ANN. art. 1.15 (West 2005) (stating that
    State must “introduce evidence into the record showing the guilt of the defendant
    and said evidence shall be accepted by the court as the basis for its judgment and in
    no event shall a person charged be convicted upon his plea without sufficient
    evidence to support the same.”); 
    Keller, 125 S.W.3d at 605
    (citing TEX. CODE
    3
    CRIM. PROC. ANN. art. 1.15 (West 2005)). The State must offer sufficient proof to
    support any judgment based on a guilty plea in a felony case tried before a court.
    
    Keller, 125 S.W.3d at 604
    (citation omitted); see also Ex parte Williams, 
    703 S.W.2d 674
    , 678 (Tex. Crim. App. 1986). “The State, however, is not required to
    prove the defendant’s guilt beyond a reasonable doubt; the supporting evidence
    must simply embrace every essential element of the charged offense.” 
    Staggs, 314 S.W.3d at 159
    .
    B.    Analysis
    Article 1.15 of the Texas Code of Criminal Procedure requires the State to
    “introduce evidence into the record showing the guilt of the defendant and said
    evidence shall be accepted by the court as the basis for its judgment and in no
    event shall a person charged be convicted upon his plea without sufficient evidence
    to support the same.” TEX. CODE CRIM. PROC. ANN. art. 1.15; see Menefee v.
    State, 
    287 S.W.3d 9
    , 13–14 (Tex. Crim. App. 2009). The evidence supporting a
    guilty plea may take several forms. 
    Menefee, 287 S.W.3d at 13
    . Article 1.15
    provides that
    the evidence may be stipulated if the defendant in such a case
    consents in writing, in open court, to waive the appearance,
    confrontation, and cross-examination of witnesses, and further
    consents either to an oral stipulation of the evidence and testimony or
    to the introduction of testimony by affidavits, written statements of
    witnesses, and any other documentary evidence in support of the
    judgment of the court.
    4
    TEX. CODE CRIM. PROC. ANN. art. 1.15.
    The State argues that the facts of this case are identical to the facts of
    Rexford v. State, 
    818 S.W.2d 494
    (Tex. App.—Houston [1st Dist.] 1991), pet ref’d
    
    823 S.W.2d 296
    (Tex. Crim. App. 1991). We agree. In Rexford, the defendant had
    pleaded guilty to a charge of sexual assault. 
    Id. at 495.
    On appeal, the defendant
    argued the evidence was insufficient to support his plea of guilty. 
    Id. As here,
    the
    defendant had signed and notarized a judicial confession.            The confession
    identified the elements of the crime for which he had been charged. 
    Id. “The document
    further stated that [the defendant] confessed that the allegations were
    true.”    
    Id. In addition
    to defendant’s signature, the confession contained the
    signature of the defendant’s attorney, the prosecutor, and the trial court. 
    Id. As here,
    the confession was never formally admitted into evidence, but the document
    stated that it was executed by the defendant, filed with the papers of the case, and
    approved by the trial court. 
    Id. Based on
    these facts, we held the confession was
    accepted and considered by the court and, accordingly, constituted sufficient
    support to his plea of guilty. 
    Id. All relevant
    facts present in Rexford are present in this case. Because there
    is no legally-significant distinction between Rexford and this case, the holding of
    Rexford applies. Accordingly, we hold there is sufficient supporting evidence to
    uphold Appellant’s plea of guilty. We overrule Appellant’s sole issue.
    5
    Conclusion
    We affirm the judgment of the trial court.
    Laura Carter Higley
    Justice
    Panel consists of Chief Justice Radack and Justices Higley and Brown.
    Do not publish. TEX. R. APP. P. 47.2(b).
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