Opinion
No. 05-03-00230-CR
Opinion Filed July 10, 2003. Do Not Publish
On Appeal from the Criminal District Court No. 2, Dallas County, Texas, Trial Court Cause No. F02-25975-KI. AFFIRMED
Before Justices JAMES, FRANCIS, and LANG.
OPINION
James Clark Bledsoe appeals his conviction for evading arrest using a motor vehicle. See Tex. Pen. Code Ann. § 38.04 (Vernon 2003). Appellant waived a jury trial and entered an open guilty plea. The trial court sentenced appellant to two years in a state jail facility. In a single point of error, appellant contends the trial court erred in not sua sponte withdrawing his guilty plea because appellant testified to facts that were inconsistent with guilt. The State responds the trial court had no duty to sua sponte withdraw appellant's guilty plea. We agree with the State. The trial court is not required to sua sponte withdraw a defendant's guilty plea and enter a plea of not guilty after a defendant waives a jury trial and enters the plea before the trial court, even if evidence is presented that either makes the defendant's innocence evident or reasonably and fairly raises an issue as to his guilt. See Aldrich v. State, No. 2066-01, slip op. at 10 (Tex.Crim.App. May 14, 2003); Moon v. State, 572 S.W.2d 681, 682 (Tex.Crim.App. 1978) (op. on reh'g). It is the trial court's duty, as fact finder, to consider all the evidence submitted, and to find the defendant guilty of the crime charged, guilty of a lesser offense, or not guilty as the evidence required. See Aldrich, slip op. at 10; Moon, 572 S.W.2d at 682. Appellant judicially confessed to committing the offense as charged in the indictment. Appellant testified that he swerved his car through lanes of traffic to avoid police as they were chasing him. Appellant also admitted he jumped from his car while it was still running. Appellant only denied that he ran from police officers after jumping from the vehicle. Thus, the evidence supports the finding of guilt. See Aldrich, slip op. at 10; Moon, 572 S.W.2d at 682. Accordingly, we overrule appellant's sole point of error. We affirm the trial court's judgment.