Gerald Wain Cagle, Sr. v. State of Texas

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-01-373 CR

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GERALD WAIN CAGLE, SR., Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 128th District Court

Orange County, Texas

Trial Cause No. A-000619-R




MEMORANDUM OPINION

Gerald Wain Cagle, Sr., entered a non-negotiated guilty plea to a two-count indictment for the first degree felony offense of aggravated sexual assault of a child. See Tex. Pen. Code Ann. § 22.021(a)(1)(B),(2)(B) (Vernon Supp. 2002). The trial court convicted and sentenced Cagle to twenty-five years of confinement in the Texas Department of Criminal Justice, Institutional Division.



Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On February 28, 2002, Cagle was given an extension of time in which to file a pro se brief. We received no response from the appellant. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.1.

As there was no plea bargain agreement, we have jurisdiction over the appeal. Jack v. State, 871 S.W.2d 741 (Tex. Crim. App. 1994). It appears the appellant was duly admonished. Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon 1989 & Supp. 2002). Cagle signed a judicial confession and admitted his guilt in open court. He does not contest the voluntariness of his guilty plea.

We have reviewed the clerk's and the reporter's records, and find no arguable error requiring us to order appointment of new counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Accordingly, we affirm the trial court's judgment.

AFFIRMED.

PER CURIAM



Submitted on June 26, 2002

Opinion Delivered July 10, 2002

Do Not Publish



Before Walker, C.J., Burgess and Gaultney, JJ.