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Opinion filed March 16, 2006
In The
Eleventh Court of Appeals
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No. 11-05-00208-CR
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RAMIRO GARZA, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 29th District Court
Palo Pinto County, Texas
Trial Court Cause No. 12,701
O P I N I O N
Ramiro Garza entered a plea of guilty to the offense of possession of cocaine. A plea bargain agreement was not reached. The trial court convicted appellant and assessed punishment at confinement in a state jail facility for twenty-two months and a $3,000 fine. We modify and affirm.
The record before this court reflects that at all times appellant has been represented by retained counsel. When appellant failed to file a brief, this court abated the appeal and directed the trial court to conduct a hearing pursuant to Tex. R. App. P. 38.8(b). The trial court has conducted the hearing and has concluded that appellant is not indigent and that appellant has not made the necessary arrangements for the filing of a brief. Therefore, this appeal will be considered on the record. Tex. R. App. P. 38.8(b)(4).
Appellant entered a sworn judicial confession stating that he committed the offense of possession of cocaine. The trial court admonished appellant both in writing and orally in open court and concluded that appellant=s guilty plea was knowingly, freely, intelligently, and voluntarily made. The trial court substantially complied with Tex. Code Crim. Pro. Ann. art. 26.13 (Vernon Supp. 2005). The record supports the trial court=s conclusions as to the voluntariness of the plea and supports the punishment assessed.
The judgment of the trial court is modified to reflect that appellant=s guilty plea was an open plea and that appellant possessed cocaine. As modified, the judgment is affirmed.
PER CURIAM
March 16, 2006
Do not publish. See Tex. R. App. P. 47.2(b).
Panel consists of: Wright, C.J., and
McCall, J., and Strange, J.