Opinion
Nos. 05-09-00360-CR, 05-09-00361-CR
Opinion issued April 15, 2010. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the Criminal District Court, Dallas County, Texas, Trial Court Cause Nos. F08-63512-SH, F08-63513-SH.
Before Justices MORRIS, FITZGERALD, and FRANCIS.
MEMORANDUM OPINION
In these two cases, Alfredo Sanchez waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a firearm. He contends on appeal that the trial court's order of deferred adjudication in cause number 05-09-00360-CR and judgment of conviction in cause number 05-09-003610CR should be modified to delete the deadly weapon findings contained therein. We affirm. The background of the cases 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 47.4 because the law to be applied in these cases is well settled. Appellant complains in two points of error that the evidence is insufficient to support a deadly weapon finding in either case because an accomplice had exhibited the firearm during the robbery and the evidence failed to show appellant knew his accomplice had a firearm or that it would be used. The indictments in these cases alleged appellant used or exhibited a deadly weapon, a firearm, during the commission of the offenses. Appellant pleaded guilty and judicially confessed to the offenses as alleged in the indictments. The record contains appellant's judicial confessions and stipulations of evidence that track the language in each indictment, including the use and exhibition of a deadly weapon. Appellant's judicial confessions sufficiently support the deadly weapon finding contained in the order of deferred adjudication and the judgment. See Pitts v. State, 916 S.W.2d 507, 510 (Tex. Crim. App. 1996); see also Alexander v. State, 868 S.W.2d 356, 360 (Tex. App.-Dallas 1993, no pet.). We conclude the trial court properly included the deadly weapon finding in the order of deferred adjudication in cause number 05-09-00360-CR and in the judgment in cause number 05-09-00361-CR. We overrule appellant's two points of error. We affirm the trial court's order of deferred adjudication and affirm the judgment.