Eduardo Trevino v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

00-00298 299 & 300 Trevino v State of Texas.wpd Nos. 04-00-00298-CR, 04-00-00299-CR & 04-00-00300-CR
Eduardo TREVINO,
Appellant
v.
STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court Nos. 99-CR-4085, 99-CR-6204, 99-CR-6205
Honorable Mark R. Luitjen, Judge Presiding

Opinion by: Paul W. Green, Justice

Sitting: Phil Hardberger, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: November 8, 2000

AFFIRMED

Eduardo Trevino pled no contest to three separate offenses, one of attempted kidnapping and two counts of aggravated kidnapping. Pursuant to a plea bargain, the trial court assessed punishment at two years, twenty years, and twenty five years confinement respectively, the sentences to be served concurrently, plus a $1,000 fine for each offense. On appeal, Trevino complains his pleas were involuntary because the trial court failed to admonish him that sex offender registration was one of the consequences of conviction on the offenses. (1) We affirm the trial court's judgment.

Subsection (a)(5) of art. 26.13 of the Texas Code of Criminal Procedure requires a defendant to be admonished regarding the registration requirements of the Sex Offender Registration Program if the defendant's plea will result in conviction for an offense for which the person will be required to register as a sex offender. Tex. Code Crim. Pro. Ann. art. 26.13(a)(5) (Vernon Supp. 2000); Tex. Code Crim. Pro. Ann. art. 62.01, et seq. (Vernon Supp. 2000). In addition, art. 26.13(h) requires the court to inquire whether the attorney has advised the defendant of any applicable sex offender registration requirements under art. 62.01, et seq.

We review the entire record to determine if a guilty plea was voluntarily made. Martinez v. State, 981 S.W.2d 195, 197 (Tex. Crim. App. 1998); Gonzales v. State, 963 S.W.2d 844, 847 (Tex. App.-San Antonio 1998, no pet.). Admonishments are valid if given in writing. Tex. Code Crim. Proc. Ann. art. 26.13(d) (Vernon 1989). A heavy presumption of voluntariness is established once the defendant agrees to the terms of the plea bargain agreement and signs the document containing the admonitions. See Ex parte Williams, 637 S.W.2d 943, 947 (Tex. Crim. App. 1982); Harling v. State, 899 S.W.2d 9, 13 (Tex. App.-San Antonio 1995, pet. ref'd). If the record demonstrates that the defendant was properly admonished pursuant to Tex. Code Crim. Pro. Ann. art. 26.13(a)(5) and (h), the burden shifts to the defendant to demonstrate that he did not fully understand the consequences of his plea. Cantu v. State, 993 S.W.2d 712, 717 (Tex. App.-San Antonio 1999, pet. ref'd);Gonzales, 963 S.W.2d at 847.

In cause number 99-CR-4085, Trevino pled no contest to and was convicted of attempted kidnapping. This is not an offense which would require sex offender registration under art. 62.01(5). We overrule Trevino's complaint as to the attempted kidnapping conviction.

In cause numbers 99-CR-6204 and 99-CR-6205, Trevino pled guilty to and was convicted of aggravated kidnapping. Specifically, the indictments charged that on two separate occasions, Trevino forced two different women into his truck and sexually assaulted them. Conviction for these offenses would require Trevino to register as a sex offender.

Prior to his pleas on the charges of aggravated kidnapping, Trevino signed written admonishments stating:

6. SEX OFFENDER REGISTRATION PROGRAM

A plea of GUILTY or NOLO CONTENDERE that results in a conviction or placement on deferred adjudication for an offense under Chapter 62 of the Texas Code of Criminal Procedure will require you to register as a sex offender with local law enforcement officials as required by Chapter 62. You will also be required to report regularly and to obtain or maintain a Texas driver's license or certificate of identification identifying you as a sex offender. Violation of the registration and/or reporting requirements will subject you to additional criminal charges.

* * *

6. If applicable, my attorney has explained to me the requirements and consequences of Chapter 62 of the Texas Code of Criminal Procedure Sex Offender Registration Program.

Trevino's attorney also signed the admonitions verifying, "I have counseled with the Defendant in this case and have concluded that the Defendant has a rational, as well as a factual understanding of both the charge(s) pending and this proceeding. . . . If applicable, I have explained to my client the requirements and consequences of Chapter 62 of the Texas Code of Criminal Procedure Sex Offender Registration Program."

Prior to accepting Trevino's pleas, the trial court verified Trevino's signature on the written admonishments. The trial court specifically asked Trevino if he had read the written admonishments or if they had been read to him and if Trevino completely understood the admonishments. Trevino replied affirmatively.

In this case, Trevino was properly admonished in writing. His counsel verified in writing that the requirements and consequences of the sex offender registration program had been explained. There is nothing in the record to indicate Trevino did not understand the consequences of his guilty pleas. Because Trevino has not overcome the presumption his pleas were voluntary, we overrule his point of error and affirm the judgments of the trial court.

PAUL W. GREEN,

JUSTICE

DO NOT PUBLISH

1. Trevino filed a combined brief addressing all three of his convictions under a single point of error.