dissenting.
Article 26.13, V.A.C.C.P., requires the trial court, prior to the acceptance of a guilty plea, to admonish a defendant of the range of punishment attached to that offense. V.T.C.A., Penal Code, Section 29.03, provides that an aggravated robbery is a first-degree felony, while V.T.C.A., Penal Code, Section 12.32, defines the range of punishment applicable to a first-degree felony as confinement in the Texas Department of Corrections for life or for any term from five to ninety-nine years.
The court admonished Taylor as follows:
“JUDGE: You plead guilty knowing that the penalty could be up to life imprisonment?
“MR. TAYLOR: Yes, sir.
“JUDGE: And the lowest you could get, would be what, five years?
*829“MR. DIETZE: (District Attorney) Assuming he is found guilty, habitual, assuming he is the same person, two previous convictions, it would be automatic life.
“JUDGE: You understand all about that, and you still want to plead guilty?
“MR. TAYLOR: Yes, sir.
“JUDGE: The Court will accept your plea.”
Before the plea was accepted by the court, counsel for appellant questioned him in part as follows:
“Q. And that you want to plead guilty?
“A. Yes, sir.
“Q. And I did in fact recommend to you that you try this case before a jury because the worst you get is life imprisonment in the penitentiary, is that right?
“A. Right.
“Q. And you told me that you didn’t want to do that, is that correct?
“A. Yes.”
Appellant was admonished that punishment could be life and, as shown by his testimony, he understood it.
The cases cited by the majority for reversal all center on the trial court’s total failure to admonish on any range of punishment. Teamer v. State, 557 S.W.2d 110 (Tex.Cr.App.1977), is closely on point with the case at bar. There, the trial court gave a proper admonishment for a second degree felony but failed to state that a $10,000 fine could be imposed. The Court held that there was no showing that appellant was unaware of the punishment range or that he was harmed or misled by the court’s admonishment. The conviction was affirmed.
The prosecutor in the present case stated that the punishment would be “automatic life” if two prior convictions were proved. The court adopted that statement when it asked appellant if he understood it and if he still wanted to plead guilty. There is no way that appellant could have been misled. Cameron v. State, 508 S.W.2d 618 (Tex.Cr.App.1973); Jorden v. State, 500 S.W.2d 117 (Tex.Cr.App.1973).
The judgment should be affirmed.
Before the court en banc.