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Cochrane v. State

Where appellant pleaded guilty to the information, was admonished by the Court as required by law, and it appeared to the Court that the appellant was sane, that the plea was freely and voluntarily made, and that the appellant was aware of the consequences of his plea, in the absence of an affirmative showing to the contrary, the recitation in the judgment is entitled to a presumption of regularity.

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APPEAL FROM THE COUNTY COURT AT LAW #3 SMITH COUNTY, TEXAS

Pursuant to a plea bargain agreement, Ronnie Cochrane (“Appellant”) pleaded guilty to the misdemeanor offense of theft by check and was sentenced to one day in jail and court costs. Appellant had made restitution for the check. In five issues, he contends that the trial court erred in not granting him a hearing on his motion for new trial, that the evidence was legally and factually insufficient to show his plea was voluntary, and that the evidence was legally and factually insufficient to support a finding of guilt. Appellant gave a general notice of appeal. We affirm.

Before reaching the merits of this case, we address the State’s contention that this Court lacks jurisdiction to consider this appeal. Because Appellant appeals from a judgment rendered on a plea of guilty pursuant to a plea bargain, and the punishment assessed was within the range agreed to by the prosecutor and the defendant, we must consider the threshold issue of whether Appellant’s general notice of appeal is sufficient to confer jurisdiction on this Court.

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