In The
Court of Appeals
Ninth District of Texas at Beaumont
______________________
NO. 09-06-250 CR
______________________
JIMMY LECURDELL TURNER, Appellant
V.
THE STATE OF TEXAS, Appellee
Montgomery County, Texas
Trial Cause No. 06-03-02607 CR
Jimmy Lecurdell Turner pled guilty to manslaughter. A jury assessed his punishment at twenty years of imprisonment in the Institutional Division of the Texas Department of Criminal Justice. Turner contends his guilty plea was involuntary because he believed that a guilty plea would protect him from possible prosecution for an aggravated robbery charge. Finding no reversible error, we affirm the trial court's judgment.
The trial court issued oral plea admonishments and Turner signed written plea admonishments, stipulated to the evidence, admitted guilt, and acknowledged that he understood the written admonishments. After accepting the guilty plea, the trial court proceeded with the punishment phase of trial. At the conclusion of the punishment phase testimony, and before closing statements, the trial court again questioned Turner regarding the voluntariness of his plea. Turner indicated that he understood that he could still be indicted for aggravated robbery. He explained his belief that if he pled guilty to manslaughter, the State would not pursue any other charge, and any possible charge would "go away." He further indicated that he pled guilty because he was guilty of committing the offense, but he thought "all of [his] legal problems [would be] wrapped up in one[.]"
Trial counsel then moved to withdraw Turner's guilty plea. The trial court denied the motion, explaining as follows:
It's clear to the Court that the plea was made openly and voluntarily, and he was further admonished as to the consequences of his plea in this charge. Now, the fact that the other allegation is out there, unindicted should not have any bearing on this case or on this Court's decision because it's an unidentified accusation, and until the State moves forward on that, then and only then would this plea become in question as to its significance and its voluntariness. The Motion is denied.
A guilty plea is generally considered voluntary if the defendant was made fully aware of the direct consequences of his plea. State v. Jimenez, 987 S.W.2d 886, 888 (Tex. Crim. App. 1999). A direct consequence is one that is a "definite and largely or completely automatic" consequence of the defendant's plea. See Mitschke v. State, 129 S.W.3d 130, 135 (Tex. Crim. App. 2004). When the record shows that the defendant received a proper admonishment on punishment, there is a prima facie showing that the plea was knowing and voluntary. See Martinez v. State, 981 S.W.2d 195, 197 (Tex. Crim. App. 1998). The burden then shifts to the defendant to show that he entered his plea without understanding the consequences and that he suffered harm. Id.
A guilty plea will not be rendered involuntary due to a lack of knowledge as to a collateral consequence. Jimenez, 987 S.W.2d at 888. Generally, a defendant's lack of knowledge of a potential consequence a guilty plea may have on a separate, possible future proceeding would not render a plea involuntary. See generally Jackson v. State, 139 S.W.3d 7, 17 (Tex. App.--Fort Worth 2004, pet. ref'd) (rejecting claim plea was invalid because trial court did not admonish defendant on consequence of guilty plea on pending cases, where record did not show court knew of pending cases).
Turner has failed to show that he was unaware of the direct consequences of his plea. Turner received oral plea admonishments and signed written plea admonishments that indicated that he understood the admonitions and was aware of the consequences of his plea. Although he subsequently indicated that he believed any possible charge would "go away" once he pled guilty, he told the trial court he pled guilty because he was guilty of the charged offense. The possibility that Turner may be indicted for aggravated robbery is not a definite and largely or completely automatic consequence of his guilty plea to manslaughter. Turner has failed to sustain his burden to demonstrate that his plea was involuntary. We overrule Turner's issue and affirm the trial court's judgment.
AFFIRMED.
_________________________________
DAVID GAULTNEY
Justice
Submitted on March 20, 2007
Opinion Delivered July 11, 2007
Do Not Publish
Before McKeithen, C.J., Gaultney and Horton, JJ.