Rosalio Gongora Medina v. The State of Texas--Appeal from 264th District Court of Bell County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-96-00655-CR
Rosalio Gongora Medina, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 46,726, HONORABLE OLIVER KELLEY, JUDGE PRESIDING
PER CURIAM

After accepting appellant's guilty plea and judicial confession, the district court found him guilty of indecency with a child by contact. Tex. Penal Code Ann. 21.11 (West 1994). The court assessed punishment at imprisonment for ten years.

In his sole point of error, appellant contends the district court abused its discretion in assessing punishment. He cites testimony by a prison minister who spoke to appellant in jail and found him to be remorseful. This witness also believed appellant to be a good candidate for community supervision. Appellant also notes that he has no prior criminal record, has a history of long-term employment, and is not a substance abuser. While in jail, appellant completed his general equivalency degree and took bible courses. Appellant argues that the court should have sentenced him to no more than five years in prison.

An appellate court may reverse a trial court's decision for an abuse of discretion only when it appears that the court applied an erroneous legal standard, or when no reasonable view of the record could support the trial court's conclusion under the correct law. Dubose v. State, 915 S.W.2d 493, 497-98 (Tex. Crim. App. 1996). Indecency with a child by contact is a second-degree felony punishable by up to twenty years in prison. In addition to the mitigating facts cited by appellant, the district court also learned that appellant sexually fondled three other girls in the course of the same criminal episode. On this record, we find no abuse of discretion in sentencing. The point of error is overruled.

The judgment of conviction is affirmed.

 

Before Justices Powers, Jones and Kidd

Affirmed

Filed: April 3, 1997

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