Opinion
No. 05-02-01007-CR.
Opinion Issued April 1, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.
Appeal from the Criminal District Court No. 3, Dallas County, Texas, Trial Court Cause No. F02-47722-QJ. Affirmed.
Before Justices JAMES, BRIDGES, and RICHTER.
OPINION
Kelly Lee Honey appeals his conviction for robbery. See Tex. Pen. Code Ann. § 29.02 (Vernon 2003). Appellant waived a jury trial and entered a non-negotiated guilty plea. The trial court sentenced appellant to eight years' confinement and assessed a $500 fine. In a single point of error, appellant contends his guilty plea was involuntary because he believed he would receive probation. The State responds the record shows appellant knowingly and voluntarily pleaded guilty to the charged offense. We agree with the State, and overrule appellant's point of error. The record shows the trial judge properly admonished appellant orally and in writing. See Tex. Code Crim. Proc. Ann. art. 26.13(a), (d) (Vernon 1989 Supp. 2003); Kirk v. State, 949 S.W.2d 769, 771 (Tex.App.-Dallas 1997, pet. ref'd). At the plea hearing, appellant testified he understood the charges in the indictment and the punishment range for the offense. He also testified he understood the judge would sentence him to any term within the punishment range since he did not have a plea bargain agreement. At the sentencing hearing, appellant's mother, uncle, and a teacher asked the judge to give appellant another chance by granting him probation. Appellant also asked the judge for probation, and testified he was sorry he robbed a video store where he used to work. Appellant testified he and an accomplice used BB guns to force entry into the store, tie up the assistant manager, and steal $4500 in cash from the safe. Appellant planned and executed the robbery less than three months after being released from a juvenile boot camp facility. We conclude appellant has not shown he was not aware of the consequences of his pleas and was harmed or misled by the trial court's admonishments. See Tex. Code Crim. Proc. Ann. art. 26.13(c) (Vernon 1989); Martinez v. State, 981 S.W.2d 195, 197 (Tex.Crim.App. 1998). The fact that appellant received greater punishment than he hoped for does not render his plea involuntary. See Tovar-Torres v. State, 860 S.W.2d 176, 178 (Tex.App.-Dallas 1993, no pet.). Accordingly, we overrule appellant's sole point of error. We affirm the trial court's judgment.