Opinion
No. 13-02-394-CR.
June 12, 2003. Do not publish.
On appeal from the 252nd District Court of Jefferson County, Texas.
Before Justices Yañez, Castillo, and Baird
Former Court of Criminal Appeals Judge Charles F. Baird assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov't Code Ann. § 74.003 (Vernon 1998).
OPINION
Appellant was charged by indictment with the offense of sexual assault. The indictment also alleged a prior felony conviction for the purpose of enhancing the range of punishment. Appellant and the State were unable to reach a plea bargain agreement. Nevertheless, appellant pled guilty to the charged offense, and true to the enhancement allegation. Appellant did so seeking either deferred adjudication community supervision, or a minimum prison sentence. The State was seeking a sentence of fifteen years. The trial judge found appellant's pleas were freely and voluntarily entered, recessed the proceedings, and ordered the preparation of a pre-sentence investigation report. When the proceedings resumed, the trial judge found appellant guilty, the enhancement allegation true, and assessed punishment at fifteen years confinement in the Texas Department of Criminal Justice — Institutional Division. We affirm.