Opinion
No. 05-04-01854-CR
Opinion Filed June 6, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 203rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F03-58895-KP. Affirm.
Before Justices O'NEILL, RICHTER, and FRANCIS.
OPINION
Tyrone Maurice Johnson waived a jury trial and entered a non-negotiated guilty plea to murder. The trial court found appellant guilty, sentenced him to thirty years' confinement, and made an affirmative finding that appellant used or exhibited a deadly weapon, a firearm, during commission of the offense. In a single point of error, appellant contends the evidence is factually insufficient to support the conviction. We affirm the trial court's judgment. Appellant argues the evidence is factually insufficient because (1) he did not intentionally cause the victim's death, and (2) he may have intended to assist in the commission of a robbery, but he had no idea that his accomplice intended to shoot anyone during the robbery. The State responds that appellant waived his complaint because he entered a guilty plea, or alternatively, the evidence is factually sufficient to show appellant participated in a robbery that resulted in the victim's death. There is no federal due process right to a factual sufficiency review of the evidence to support a guilty plea. See O'Brien v. State, 154 S.W.3d 908, 910 (Tex.App.-Dallas 2005, no pet.). When a defendant pleads guilty, the State must introduce sufficient evidence into the record to support the plea and show the defendant is guilty, and said evidence shall be accepted by the court as the basis for its judgment. See Tex. Code Crim. Proc. Ann. art. 1.15 (Vernon Supp. 2004-05); see also Ex parte Martin, 747 S.W.2d 789, 792-93 (Tex.Crim.App. 1988). We will affirm the trial court's judgment if the evidence introduced embraces every essential element of the offense charged and is sufficient to establish a defendant's guilt. See Stone v. State, 919 S.W.2d 424, 427 (Tex.Crim.App. 1996). The State was required to prove beyond a reasonable doubt that appellant intentionally or knowingly caused the death of Alton Sloan by shooting Sloan with a firearm, a deadly weapon. See Tex. Pen. Code Ann. § 19.02(b) (Vernon 2003). The clerk's record contains appellant's signed judicial confession. A judicial confession admitted into evidence and contained in the clerk's record is sufficient to prove appellant's guilt. See Pitts v. State, 916 S.W.2d 507, 510 (Tex.Crim.App. 1996). During the plea hearing, appellant testified that he and his accomplice John Bennett had planned to commit a robbery. Bennett had a gun, and he also gave appellant a gun. Appellant and Bennett went to Ronnie's Catfish store in Cedar Hill where Bennett robbed Sloan, who was at the cash register. During the robbery, Bennett struggled with Sloan and dropped the gun. When the gun hit the floor, it discharged, and a bullet hit and killed Sloan. Appellant testified he ran out of the store, then he went back inside, picked up Bennett's gun, and helped Bennett gather the money that had fallen to the floor. Appellant and Bennett ran to appellant's house, which was nearby. During the punishment hearing, appellant admitted that he, Bennett, and another friend who had previously worked at the store, all planned to rob the store. Appellant admitted he and Bennett had guns when they entered the store, but appellant claimed his gun was not loaded. Appellant also admitted that he pointed his gun at a young boy who was attempting to leave the store. Having reviewed all of the evidence, we conclude it embraces all of the essential elements of the offense charged, and is sufficient to support appellant's murder conviction. See Stone, 919 S.W.2d at 427; see also Barfield v. State, 63 S.W.3d 446, 450 (Tex.Crim.App. 2001). We overrule appellant's sole point of error. We affirm the trial court's judgment.
Appellant was indicted for capital murder, but the charge was later reduced to murder.