TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-96-00630-CR
v.
The State of Texas, Appellee
NO. 7557, HONORABLE CLAYTON E. EVANS, JUDGE PRESIDING
Charles Ray Hopkins, appellant, was convicted of burglary of a habitation that occurred on September 23, 1993. See Tex. Penal Code Ann. § 30.02(a)(3) (West 1994). Appellant pleaded guilty in November 1993 pursuant to a negotiated plea bargain and was initially placed on deferred adjudication community supervision. Later the State filed a motion to adjudicate. After a hearing in May l996, the trial court adjudged appellant guilty and sentenced him to 30 years' imprisonment for the offense.
In his sole point of error, appellant contends that his guilty plea was involuntary because the trial court failed to fully admonish him that the decision to adjudicate guilt could not be appealed. The statute applicable at the time of his plea required such a warning, but did not specify when the warning was to be given. The statute also did not specify the consequences of a failure to make the required admonishment. See Act of May 29, 1989, 71st Leg., R.S., ch. 785, § 4.17, 1989 Tex. Gen. Laws 3471, 3500 (Tex. Code Crim. Proc. Ann. art.42.12 § 5(a), since amended).
The issue raised by appellant has been resolved by the Court of Criminal Appeals against appellant's position. In Brown v. State, 943 S.W.2d 35 (Tex. Crim. App. 1997), the Court held that a defendant who receives deferred adjudication as part of a plea agreement may raise an involuntariness claim based upon the trial court's failure to give the required information. In order to obtain relief, however, the defendant must demonstrate that he did not otherwise receive the required information from another source and that he would not have entered his plea had he known this information. Id. at 42. See Moss v. State, 938 S.W.2d 186, l90-91 (Tex. App.--Austin 1997, pet. ref'd) (admonishment held not relevant to validity of guilty plea). In this cause, appellant contends only that the requisite admonishment was not given. He does not contend or demonstrate that he would not have entered his plea had he been fully admonished. As a result, the claim of involuntariness fails. Appellant's point of error is overruled.
The judgment of conviction is affirmed.
Bea Ann Smith, Justice
Before Justices Powers, Aboussie and B.A. Smith
Affirmed
Filed: December 11, 1997
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