(Download) "Junious v. State" by In the Fourteenth Court of Appeals of the State of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Junious v. State
- Author : In the Fourteenth Court of Appeals of the State of Texas
- Release Date : January 07, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Affirmed OPINION ON REMAND Appellant, Tommie Junious, appeals from a judgment adjudicating guilt on the offense of aggravated assault with a deadly weapon. On original submission, this Court dismissed appellant's appeal for want of jurisdiction due to a defective notice of appeal. Junious v. State, No. 14-99-01247-CR, 2001WL 422078, at *1 (Tex. App.CHouston [14th Dist.] Apr. 26, 2001, pet. granted) (per curiam). Accordingly, we did not reach the merits of appellant's points of error. On discretionary review, the Court of Criminal Appeals held the defect in appellant's notice of appeal was cured by an amended notice of appeal. Thus, the Court of Criminal Appeals vacated our initial opinion and remanded the case for reconsideration in light of Bayless v. State, 91 S.W.3d 801 (Tex. Crim. App. 2002). Junious v. State, No. 1347-01, 2003 WL 1731137, at *1 (Tex. Crim. App. Jan. 29, 2003). The record reflects that appellant was indicted for aggravated assault with a deadly weapon. The indictment also contained two enhancement paragraphs alleging prior convictions for delivery of marihuana and forgery. As enhanced, the potential penalty for this offense was ""life, or for any term of not more than 99 years or less than 25 years."" Tex. Pen. Code Ann. § 12.42(d) (Vernon Supp. 2003). Although the State did not formally abandon the enhancement paragraphs, it effectually did so when, on August 6, 1998, it entered into a plea bargain agreement with appellant wherein appellant was permitted to enter a plea solely to the primary offense, i.e., aggravated assault with a deadly weapon.1 The penalty prescribed by the legislature for this offense, without enhancements, was ""imprisonment in the institutional division for any term of not more than 20 years or less than 2 years,"" and a possible fine not to exceed $10,000. See Tex. Pen. Code Ann. § 12.33 (Vernon 1994); Tex. Pen. Code Ann. § 22.02(b) (Vernon 1994). In the trial court's written admonishments given to appellant prior to his plea, appellant was correctly advised as follows: