EX PARTE PAUL DAVID STOREY (Other)

SUPREME COURT CASES

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State: Texas

Court: Criminal Court of Appeals

Docket No: WR-75,828-01

Case Date: 06/15/2011

Plaintiff: Raan Henderson

Defendant: The State of Texas--Appeal from 213th District Court of Tarrant County

Preview:COURT OF APPEALS
SECOND DISTRICT OF TEXAS FORT WORTH

NOS. 2-09-161-CR 2-09-162-CR 2-09-163-CR

RAAN HENDERSON V. THE STATE OF TEXAS ------------

APPELLANT

STATE

FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY ------------

MEMORANDUM OPINION 1
-----------I. Introduction In three issues, Appellant Raan Henderson appeals his convictions on three counts of aggravated robbery. W e affirm.

1

See Tex. R. App. P. 47.4.

II. Factual and Procedural Background In March 2008, the State charged Henderson with six counts of aggravated robbery. Three months later, Henderson filed a "Motion to Have Official Court Reporter Make a Full Record." Nothing in the record shows that he presented this motion to the trial court or secured a ruling. In February 2009, Henderson waived his right to a jury trial and entered open pleas of guilty to three of the six counts of aggravated robbery. The clerk's record contains Henderson's signed written plea admonishments. There is no reporter's record of the plea hearing. In May 2009, during the punishment hearing, the trial court opened the proceedings with: "All right. For the record, we were here back in . . . February, at which time Mr. Henderson pled guilty to Count 1 in each case and the Court accepted his plea of guilty; however, I did not sentence him. . . ." Henderson did not object at that time, or at any other time, during the punishment hearing to the absence of a court reporter at the plea hearing. At the close of evidence, the trial court sentenced Henderson to nine years' confinement for each count, to run concurrently. This appeal followed. III. Voluntariness of Plea In his third issue, Henderson argues that "there is nothing in the record to suggest that [he] was properly admonished"; therefore, without a record of the plea hearing, the State cannot show that his plea was voluntarily made. In two related 2

issues, he also complains that the trial court erred by not requiring a reporter's record of the plea hearing and that he is entitled to a new trial because the reporter's record of the plea hearing was "lost." According to article 26.13(a)(1) of the Texas Code of Criminal Procedure, "[p]rior to accepting a plea of guilty . . . , the court shall admonish the defendant," inter alia, of the range of punishment attached to the offense. 2 Tex. Code Crim. Proc. Ann. art. 26.13(a)(1). Substantial compliance in making the admonishments is sufficient "unless the defendant affirmatively shows that he was not aware of the consequences of his plea and that he was misled or harmed by the admonishment of the court." Id. art. 26.13(c). The court may make the admonishments "either orally or in writing. If the court makes the admonishments in writing, it must receive a statement signed by the defendant and the defendant's attorney that he understands the admonitions and is aware of the consequences of his plea." Id. art. 26.13(d). The giving of proper admonishments by the trial court creates a prima facie showing that a guilty plea is both knowing and voluntary. Martinez v. State, 981 S.W .2d 195, 197 (Tex. Crim. App. 1998). Although a defendant may still assert

Other admonishments include that the prosecutor's punishment recommendation is not binding on the court; that if the punishment assessed does not exceed that recommended by the prosecutor and agreed to by the defendant and his attorney, the trial court must give its permission to the defendant before he may appeal any matter not raised by written motion filed prior to trial; that if the defendant is not a U.S. citizen, pleading guilty may result in deportation; and that, if applicable, the defendant will be required to meet the registration requirements of chapter 62 (sex offender registration). See Tex. Code Crim. Proc. Ann. art. 26.13(a)(2)

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