Richardson, Brandon Devon v. State ( 2012 )

AFFIRM; Opinion issued September 28, 2012
In The
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No. 05-11-00666-CR
No. 05-1 1-00667-CR
1IRANDON DEVON RICHARDSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court
1)allas Count, Texas
Trial Court Cause Nos. F09-14744-V, F09-14745-V
MEMORANDUM OPINION
Before Justices Bridges, Richter, and Lang
Opinion By Justice Bridges
Brandon Devon Richardson waived ajury and pleaded guilty to aggravated kidnapping and
aggravated robbery with a deadly weapon, a firearm. The trial court assessed punishment at five and
fifteen years’ imprisonment, respectively. In two issues, appellant contends the trial court abused
its discretion by making a deadly weapon finding in each case. We affirm. The background of the
case and the evidence admitted at trial are well known to the parties. and we therefore limit recitation
of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure
47.4 because the law to be applied in the case is well settled.
Appellant argues the trial court erred by including deadly weapon findings in the judgments
because there was no evidence he possessed or used a weapon during the commission of the
ofienses. the trial court did not make deadly weapon findings at the time it sentenced appellant, and
the trial court did not enter deadly weapon findings on its docket sheets. The State responds the trial
court did not err or abuse its discretion by including deadly weapon findings because the record
contains sufficient evidence to support such findings.
When a defendant pleads guilty or nob contendere, the State must introduce sufficient
evidence into the record to support the plea and show the defendant is guilty, and said evidence shall
be accepted b the court asthe basis for its judgment. See TE<.C0DE CRINI. PRoc. ANN. art. 1.15
(West 2005); see also Exparle Martin, 747 S.W.2d 789, 792-93 (Tex. Crim. App. 1988). We will
affirm the trial court’s judgment if the evidence introduced embraces every essential element of the
offense charged and is sufficient to establish a defendant’s guilt. See Stone v. State. 91 9 S.W.2d 424,
427 (Tex. Crim. App. 1996).
The aggravated kidnapping indictment alleged appellant intentionally or knowingly abducted
another person; the aggravated robbery indictment alleged appellant intentionally or knowingly,
while in the course of committing theft of property. threatened and placed another in fear of
imminent bodily injury or death. Each indictment alleged appellant used or exhibited a deadly
weapon. a firearm. during the commission of the offense. See TEN. PENAL CODE ANN.
§ 20.04(b).
29.02(a)(2), 29,03(a)(2) (West 2011). A deadly weapon means a firearm or anything that in the
manner of its use or intended use is capable of causing death or serious bodily injury. TEN. PENAL
CODE § I.07(a)(17). Appellant’s judicial confessions that he committed the offenses as alleged in
the indictments were admitted into evidence. See Pitis v. State, 916 S.W.2d 507. 510 (Tex. Crim.
App. 1996) (it is well settled that a judicial confession, standing alone, is sufficient to sustain a
conviction upon a guilty plea).
We conclude the trial court did not abuse its discretion by entering an aitirmative deadly
weapon finding in the judgments. We overrule appellant’s points of error.
We affirm the trial court’s judgments.
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DAVID L. BRIDGES
JUSTICE
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JUDGMENT
BRANDON DEVON RICHARDSON, Appeal from the 292nd Judicial District
Appellant Court of Dallas County. Texas. (Tr.Ct.No.
F09- 1 4744-V).
No. 05-1 1-00666-CR Opinion delivered by Justice Bridges,
Justices Richter and Lang participating.
THE STATE OF TEXAS. Appellee
Based on the Court’s opinion of this date. the judgment of the trial court is AFFIRMED.
Judgment entered September 28. 2012.
DAVID L. BRIDGES
JUSTICE
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JUDGMENT
BRANDC)N DEVON RICHARDSON. Appeal from the 292nd Judicial District
Appellant Court of Dallas County, Texas, (Tr.Ct.No.
F09-1 4745-V).
No. 05-1 1-00667-CR V. Opinion delivered by Justice Bridges.
Justices Richter and Lang participating.
THE STATE OF TEXAS. Appellee
Based on the Court’s opinion of this date, the judgment of the trial court is AFFiRMED.
Judgment entered September 28, 2012.
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