Opinion
No. 05-05-00903-CR
Opinion issued August 22, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 292nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F04-57617-PV. Affirmed.
Before Justices MORRIS, FITZGERALD, and RICHTER.
MEMORANDUM OPINION
At trial, Brian Keith McGill was convicted of unauthorized use of a motor vehicle and possession of a controlled substance, with intent to deliver. In this appeal, appellant challenges his conviction for unauthorized use of a motor vehicle, contending he did not enter his guilty plea knowingly and voluntarily. We affirm the trial court's judgment. The background of the case and the evidence adduced at trial are well known to the parties, and therefore we limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.1 because the law to be applied in the case is well settled. In his sole issue on appeal of this cause, appellant argues that the record indicates he did not have a complete understanding of the charge against him and believed he would receive probation in the case, despite his extensive criminal history. Therefore, appellant contends his plea was entered involuntarily and unknowingly. Appellant admitted at the sentencing hearing that he had been to prison "a few times" and had been on probation in the past. He admitted to previous convictions for unauthorized use of a motor vehicle, several drug possession offenses, and theft from a person. Article 26.13 of the Texas Code of Criminal Procedure requires a trial court to give certain admonishments before accepting a plea of guilty, and the admonishments may be given either orally or in writing. See Tex. Code Crim. Proc. Ann. art. 26.13(a), (d) (Vernon Supp. 2005). Proper admonishment by the trial court creates a prima facie showing that the defendant entered a knowing and voluntary plea. See Martinez v. State, 981 S.W.2d 195, 197 (Tex.Crim.App. 1998). Once a prima facie showing of voluntariness is made, the burden shifts to the defendant to show that he entered the plea without knowing its consequences and was thereby harmed. See id. Here, the record shows appellant was properly admonished about the consequences of his plea. He made no showing that his plea was made involuntarily. To the contrary, he insisted that he was pleading guilty voluntarily and was aware of the full punishment range for his offense. He acknowledged, upon questioning by his attorney, that the trial court was not bound to give him probation. We therefore resolve appellant's sole issue against him. We affirm the trial court's judgment.