Johnathon Lewis Vasquez v. The State of Texas--Appeal from 286th District Court of Hockley County (Per Curiam)

State: Texas

Court: Texas Northern District Court

Docket No: 07-12-00097-CR

Case Date: 12/20/2012

Plaintiff: Johnathon Lewis Vasquez

Defendant: The State of Texas--Appeal from 286th District Court of Hockley County (Per Curiam)

Preview:NO. 07-12-0097-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D DECEMBER 20, 2012

JOHNATHON LEWIS VASQUEZ, Appellant v. THE STATE OF TEXAS, Appellee _____________________________ FROM THE 286TH DISTRICT COURT OF HOCKLEY COUNTY; NO. 11-11-7452; HONORABLE PAT PHELAN, PRESIDING

Memorandum Opinion

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. After an open plea of guilty, appellant Johnathon Lewis Vasquez was convicted by the trial court of the offense of escape and sentenced to four years incarceration and a fine of $1,500. Appellant argues that the evidence is insufficient to support the

offense of escape because the judicial confession did not recite the elements of the charge and appellant's testimony showed at most the offense of attempted escape. We affirm the judgment.

Article 1.15 of the Code of Criminal Procedure provides that it is "necessary for the state to introduce evidence into the record showing the guilt of the defendant" upon his plea of guilty to a felony and that he may not be convicted "upon his plea without sufficient evidence to support the same." TEX. CODE CRIM. PROC. ANN. art. 1.15 (West 2005). A judicial confession alone is sufficient to sustain a conviction upon a guilty plea. Dinery v. State, 592 S.W.2d 343, 353 (Tex. Crim. App. 1979). However, the judicial confession must cover all the elements of the charged offense. Menefee v. State, 287 S.W.3d 9, 13 (Tex. Crim. App. 2009). As for the charge at bar, a person commits the

offense of escape if he escapes from custody when he is under arrest for or lawfully detained for an offense. TEX. PENAL CODE ANN.

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