IN THE
TENTH COURT OF APPEALS
No. 10-06-00062-CR
No. 10-06-00063-CR
Richard Anthony White,
Appellant
v.
The State of Texas,
Appellee
From the 272nd District Court
Brazos County, Texas
Trial Court Nos. 03-00042-CRF-272 & 03-00043-CRF-272
MEMORANDUM Opinion
Richard Anthony White pleaded guilty to two charges of forgery. The court sentenced White to fifteen months in a state jail on each charge. In one point, White contends that the court sentenced him without first finding him guilty. The State argues that White failed to preserve this complaint for appeal. We agree with the State.
At the plea hearing, the court stated: “I’m not going to find you guilty, but I am going to find that there is enough evidence to find you guilty.” At the punishment hearing, the court mistakenly stated that it had previously found White guilty. White did not object to the court’s statements or request clarification at either the plea hearing or the punishment hearing. Neither did White notify the court of any such complaints in his motion for new trial.
“A court’s mistaken assumption that what usually happens in a case had happened in this case, is not an event that may be complained of for the first time on appeal.” Aldrich v. State, 104 S.W.3d 890, 895 (Tex. Crim. App. 2003).[1] We “will not consider any error which counsel for accused could have called, but did not call, to the attention of the trial court at the time when such error could have been avoided or corrected by the trial court.” Rogers v. State, 640 S.W.2d 248, 264 (Tex. Crim. App. 1982); In re C. C., 13 S.W.3d 854, 858 (Tex. App.—Austin 2000, no pet.). Accordingly, White has failed to preserve his complaint for appellate review. See Aldrich, 104 S.W.3d at 895; see also Tex. R. App. P. 33.1; Rogers, 640 S.W.2d at 264; C. C., 13 S.W.3d at 858. We overrule White’s sole point of error and affirm the trial court’s judgment in both appeals.
FELIPE REYNA
Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Affirmed
Opinion delivered and filed June 27, 2007
Do not publish
[CR25]
[1] In Aldrich v. State, a “visiting judge mistakenly thought that the judge who took the guilty plea three weeks earlier had found the defendant guilty as she pleaded.” 104 S.W.3d 890, 894 (Tex. Crim. App. 2003).