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Click here for the full text of this decision FACTS:The appellant was charged with three counts of aggravated sexual assault of a child, a first-degree felony, and one count of injury to a child, a second-degree felony. Prior to accepting the appellant’s pleas, the trial court admonished the appellant as to the range of punishment for his charges and the effects a guilty plea might have on a noncitizen, but the court failed to fully admonish him regarding the consequences of his guilty plea. The appellant chose to remain silent during the arraignment proceedings, so the trial court entered not guilty pleas on the appellant’s behalf. After the jury was sworn and empaneled, the appellant changed his plea to guilty for each of the counts. The jury found appellant guilty on all counts, and he appealed. The court of appeals acknowledged that the trial court had failed to comply fully with the requirements of Texas Code of Criminal Procedure Article 26.13 but held that such error must be preserved in the trial court by raising an objection or in a motion for new trial. The court of appeals overruled the point of error and affirmed the conviction, holding that the appellant had not preserved the issue for appellate review. HOLDING:Affirmed. The court of appeals noted the trial court’s error in failing to properly admonish the appellant, but it held that failure to comply with Article 26.13 may not be raised for the first time on appeal. The court of appeals based its holding on a failure to admonish case decided by the Texarkana Court of Appeals in 2005, Rhea v. State. In Rhea, the appellant appealed his conviction for sexual assault, contending that the trial court had committed reversible error by failing to admonish him as required by Article 26.13 and specifically by failing to admonish him regarding the sex-offender registration requirement. The Rhea court held that complaints about failure to admonish must be preserved in accordance with Texas Rule of Appellate Procedure 33.1. Errors may be raised for the first time on appeal if the complaint is that the trial court disregarded an absolute or systemic requirement or that the appellant was denied a waivable-only right that he did not waive. A defendant’s right to be properly admonished is a waivable-only right. The court has a statutory duty to properly admonish defendants as described by Article 26.13. Thus, a court’s failure to properly admonish a defendant cannot be forfeited and may be raised for the first time on appeal unless it is expressly waived. A trial court’s failure to properly admonish a defendant is subject to the harm analysis of Texas Rule of Appellate Procedure 44.2(b). In concluding that the error was harmless, the court notes that the state presented substantial evidence of guilt; there is no indication in the record that appellant was aware of the registration requirement; and, based on the cumulation of the sentences in this case, the omitted admonition regarding the sex-offender registration requirement does not apply to or affect the appellant (appellant will not even be eligible for parole until he has served 100 years of his sentence). OPINION:Meyers, J.; Keller, P.J., Price, Keasler, Hervey, Holcomb and Cochran, JJ., join. CONCURRENCE AND DISSENT:Johnson, J.; Womack, J., joins. “The court of appeals erred when it held that appellant had not preserved error as to the inadequate admonition. The proper response by this Court is to remand the cause to the court of appeals and let it consider, in the first instance, the next step in the process-analysis of the harm that may have resulted from the trial court’s failure to properly admonish appellant. It may seem to some to be inefficient to remand when this Court can itself consider that issue, but the role of this Court is to review decisions of the next lower court.”

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