Paul N. Privett v. State

Privett v. State

IN THE

TENTH COURT OF APPEALS

No. 10-93-185-CR

&

No. 10-93-186-CR

     PAUL N. PRIVETT,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the County Criminal Court at Law No. 4

Harris County, Texas

Trial Court Nos. 9317462 & 9317463

O P I N I O N

      Paul Privett pleaded guilty to misdemeanor charges of theft (Cause Number 93-185-CR) and resisting arrest (Cause Number 93-186-CR), and the court assessed concurrent punishments of ninety days in the Harris county jail. Tex. Penal Code Ann. §§ 31.03, 38.03 (Vernon 1994). He raises one point of error in each appeal, arguing that the court erred by failing to properly admonish him in compliance with article 26.13 of the Code of Criminal Procedure: in Cause Number 93-185-CR, he alleges that the court wholly failed to admonish him; in Cause Number 93-186-CR, he claims that the court admonished him with an incorrect range of punishment. Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon 1989 & Supp. 1996). However, article 26.13 does not apply to misdemeanor guilty pleas. Price v. State, 866 S.W.2d 606, 610 (Tex. Crim. App. 1993); Empy v. State, 571 S.W.2d 526, 529-30 (Tex. Crim. App. 1978). Thus, the court is not required to admonish the defendant before accepting his guilty plea to a misdemeanor charge. Id. Because article 26.13 does not apply to misdemeanor guilty pleas, we overrule his sole point in each cause and affirm the judgments.

                                                                                PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

      (Chief Justice Thomas not participating)

Affirmed

Opinion delivered and filed February 14, 1996

Do not publish