Summary
affirming denial of habeas relief and noting that "[t]he possibility of an enhanced punishment in a subsequent prosecution is a collateral rather than a direct consequence of a guilty plea"
Summary of this case from State v. KahookeleOpinion
No. 05-03-00377-CR.
Opinion Filed July 2, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 4, Dallas County, Texas, Trial Court Cause No. F89-99986-IK. AFFIRMED.
MEMORANDUM OPINION
Appellant appeals the order denying his application for writ of habeas corpus attacking his 1989 plea of guilty to the unlawful possession of a controlled substance. After receiving appellant's plea, the trial court entered an order of probation without adjudication of guilt and placed appellant on probation for five years. Appellant's asserts his 1989 guilty plea was not knowingly and voluntarily entered as he was not advised that it could be used against him to enhance his sentence for a subsequent conviction. Because appellant complains of a collateral rather than a direct consequence of his plea, we affirm the trial court's order. The trial court did not conduct a hearing on appellant's application. However, the trial court made findings addressing the facts related in appellant's affidavits and denied appellant any relief. Thus, we conclude that the trial court ruled on the merits of appellant'sapplication and that we have jurisdiction over this appeal. Ex parte Hargett, 819 S.W.2d 866, 868-69 (Tex.Crim.App. 1991). Appellant bears the burden of proving the allegations of his application. Exparte Lafon, 977 S.W.2d 865, 867 (Tex.App.-Dallas 1998, no pet.). As no testimony was taken, we conduct a de novo review of the trial court's decision. Ex parte Peralta, 87 S.W.3d 642, 645 (Tex.App.-San Antonio 2002, no pet.) A guilty plea will not be rendered involuntary by the defendant's lack of knowledge of some collateral consequence. Ducker v. State, 45 S.W.3d 791, 795 (Tex.App.-Dallas, 2001, no pet.). The possibility of an enhanced punishment in a subsequent prosecution is a collateral rather than a direct consequence of a guilty plea. Cf. United States v. Lambros, 544 F.2d 962, 966 (8th Cir. 1985); Ex parte Morrow, 952 S.W2d 530, 536 (Tex.Crim.App. 1997). We affirm the trial court's order denying appellant the relief sought in his application for writ of habeas corpus.