Davison v. Texas (Original)
Annotate this CaseIn 2009, appellant Anthony Davison entered an open plea of guilty to burglary of a building. Prior to accepting his plea, the trial court admonished appellant as to the range of punishment for such an offense. Both in a written "Guilty Plea Memorandum" and orally, the trial court informed appellant that "a state jail felony has a possible punishment of not less than 180 days and no more than two years in a state jail facility and a fine not to exceed $10,000." But appellant also pled true to three felony enhancement paragraphs, which made him susceptible to punishment as a second-degree felon. On appeal to the Supreme Court, appellant contended that the court of appeals erred in holding that: (1) the failure to administer one of the admonishments of Article 26.13 of the Code of Criminal Procedure was harmful under Rule 44.2(b) of the Rules of Appellate Procedure; (2) his guilty plea was therefore rendered involuntary for the purposes of the Due Process Clause of the Fourteenth Amendment and was therefore forfeited because not raised by objection at trial; and (3) any constitutional error was harmless under the same rule that governs the standard for harm analyses for claims of statutory error under Article 26.13. Though the Supreme Court rejected certain aspects of the court of appeals' reasoning, the Court ultimately affirmed its judgment.
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