Steven DeWayne Pruitt v. The State of Texas Appeal from 8th District Court of Hopkins County (memorandum opinion by chief justice iii morriss)
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-14-00059-CR STEVEN DEWAYNE PRUITT, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 8th District Court Hopkins County, Texas Trial Court No. 1323452 Before Morriss, C.J., Moseley and Burgess, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Steven Dewayne Pruitt was placed on ten years’ deferred adjudication on his open plea of guilty of delivery of marihuana in an amount between one-fourth of an ounce and five pounds in a drug-free zone. This case was tried along with two other companion cases, which are subjects of two other pending appeals before this Court.1 Pruitt filed a single consolidated brief covering all three appeals, in which he contends that his plea of guilty in each case was not voluntary because of the trial court’s failure to properly admonish Pruitt in connection with one of the three charges. The argument raised in this appeal is based exclusively on the argument of error brought before this Court in a companion appeal styled Pruitt v. State, cause number 06-14-00058-CR. In our opinion of this date disposing of that appeal, we found error, but found that it did not affect the substantial rights of the defendant. Pruitt contends in connection with this appeal that the error necessarily made his plea in this case involuntary. For the reasons set out in that opinion, we conclude in this case that no harm has been shown and overrule the issue as it applies to this appeal. 1 Pruitt appeals his conviction for delivery of marihuana in an amount between one-fourth ounce and five pounds and resulting two-year sentence in our cause number 06-14-00051-CR. In our cause number 06-14-00058-CR, Pruitt appeals an order placing him on ten years’ deferred adjudication for burglary of a habitation with intent to commit aggravated assault. 2 We affirm the judgment. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: February 25, 2015 April 8, 2015 Do Not Publish 3
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