Paul Edwards v. The State of Texas--Appeal from Crim Dist Ct 4 of Dallas Co of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-97-022-CR

PAUL EDWARDS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the Criminal District Court No. 4

Dallas County, Texas

Trial Court # F95-00544-IK

O P I N I O N

Appellant Edwards appeals from his conviction for possession of cocaine (more than one gram, less than four grams), enhanced by two prior felony convictions, for which he was sentenced to 25 years in the Texas Department of Criminal Justice, Institutional Division.

Prior to trial, Appellant made a motion to suppress the evidence, i.e., cocaine seized, which the judge denied after a hearing.

After Appellant's motion to suppress was denied, Appellant entered an open plea of guilty to the offense charged and pled "true" to the two prior felony convictions alleged as enhancements in the indictment. Appellant waived a jury; signed a judicial confession of guilt; and testified and admitted that he had been to the penitentiary four times and had eight theft convictions. There was no plea bargain.

The trial court, based on Appellant's plea of guilty and "true," found his two prior felony convictions to be true and sentenced him to 25 years in prison.

Appellant appeals on one point of error: "The trial court erred in overruling the appellant's pretrial motion to suppress the cocaine seized after the police entered his hotel room without a warrant."

Where a plea of guilty is voluntarily and understandingly entered into without the benefit of a plea bargain, all non-jurisdictional defects occurring before the entry of a guilty plea are waived. Jack v. State, 871 S.W.2d 741, 744 (Tex. Crim. App. 1994); Helms v. State, 484 S.W.2d 925, 927 (Tex. Crim. App. 1972). A trial court's ruling on a pretrial motion to suppress evidence involves a non-jurisdictional defect occurring prior to trial. Shallhorn v. State, 732 S.W.2d 636, 637 (Tex. Crim. App. 1987); Courtney v. State, 904 S.W.2d 907, 912 (Tex. App. Houston [1st Dist.] 1995, pet. ref'd); Rodriquez v. State, 844 S.W.2d 905, 907 (Tex. App. San Antonio 1992, pet. ref'd).

Appellant entered an open plea of guilty to this offense. There was no plea bargain. The record reflects Appellant's plea was knowingly, intelligently and voluntarily made. Appellant's only point of error complains of the trial court's ruling on his pretrial motion to suppress. Thus, Appellant's point of error is waived and is overruled.

The judgment is affirmed.

FRANK G. McDONALD

Chief Justice (Retired)

Before Chief Justice Davis,

Justice Cummings and

Chief Justice McDonald (Retired)

Affirmed

Opinion delivered and filed April 2, 1997

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