Opinion
No. 05-02-01835-CR
Opinion issued August 11, 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 DO NOT PUBLISH.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. F02-49986-VK. AFFIRMED
Before Justices JAMES, FRANCIS, and LANG.
OPINION
Dwight Hamilton appeals his conviction for aggravated robbery with a deadly weapon. See Tex. Pen. Code Ann. § 29.03 (Vernon 2003). Appellant waived a jury trial, entered a non-negotiated guilty plea, and pleaded true to two enhancement paragraphs. The trial court found appellant guilty, the enhancement paragraphs true, and sentenced appellant to life imprisonment. In a single point of error, appellant contends the evidence does not support his plea because his stipulations to the charged offense and the enhancement paragraphs were not signed by the trial judge, in violation of article 1.15 of the code of criminal procedure. The State responds the trial court complied with the provisions of article 1.15, and appellant's conviction was supported by testimony presented at the punishment hearing. We agree with the State and overrule appellant's sole point of error. Article 1.15 of the Texas Code of Criminal Procedure provides that 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 such evidence becomes the basis for the trial court's judgment. Tex. Code Crim. Proc. Ann. art. 1.15 (Vernon Supp. 2003). The evidence may be stipulated if the defendant, in writing, waives the appearance, confrontation, and cross-examination of witnesses and consents to the introduction of documentary evidence in support of the judgment. Id. Such waiver and consent must be approved by the court in writing and be filed in the file of the papers of the cause. Id. 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. Stone v. State, 919 S.W.2d 424, 427 (Tex.Crim.App. 1996). At the plea hearing, appellant testified he understood the punishment range in light of two enhancement paragraphs, and he was freely and voluntarily pleading guilty to the offense and true to the enhancement paragraphs. Appellant's signed judicial confession, stipulation of evidence, and plea of true to the enhancement paragraphs were offered into evidence without objection. The plea of true and stipulation of evidence was signed by appellant and his attorney, but not by the trial judge. However, the written admonishments included appellant's plea of true to the enhancement paragraphs and were signed by appellant, his attorney, the prosecutor, and the trial judge. During the sentencing hearing, appellant testified he borrowed a gun from a man and used the gun to commit the robbery because he needed money to buy drugs. Article 1.15 does not prescribe a set form for the trial court's written approval of a defendant's waivers and consents. Willhoite v. State, 642 S.W.2d 531, 534 (Tex.App.-Hous. [14th Dist.] 1982, no pet.). The absence of a trial judge's signature on a stipulation does not preclude compliance with article 1.15. Id. Here, the judgment states the "waivers, agreements and consents were in writing and filed with the papers of this cause prior to the defendant entering his plea herein." Recitations in a judgment are binding absent direct proof of their falsity. Johnson v. State, 72 S.W.3d 346, 349 (Tex.Crim.App. 2002). Nothing in the record shows the recitation is false. Thus, we conclude the written judgment is sufficient to show the trial court approved appellant's written stipulations as required by article 1.15. We overrule appellant's sole point of error. We affirm the trial court's judgment. TOM JAMES, Justice.