Johnny Louis Torres, Jr v. State
2012 Tex. App. LEXIS 8112
| Tex. App. | 2012Background
- Torres pleaded guilty to possession of a controlled substance (cocaine) weighing less than one gram and was sentenced to 12 years’ confinement with two prior felony enhancements for robbery.
- Indictment (Sept. 8, 2010) charged the offense and included enhancement paragraphs reflecting robberies in 2003 and 2007.
- Torres signed a waiver of jury trial, and entered a judicial confession acknowledging the current offense and the enhancement allegations.
- Torres’s appellate briefing framed two issues: (1) failure to order a substance abuse evaluation under Article 42.12 §9(h); (2) whether the sentence was authorized by law given lack of express findings on enhancements.
- The trial record showed written admonishments stating enhanced punishment range and a signed acknowledgment that he committed all elements, including enhancements.
- The court ultimately overruled both issues and modified the judgment to reflect true pleas to the enhancements and implied trial-court findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not ordering a substance abuse evaluation under Art. 42.12 §9(h) | Torres—asserts evaluation mandatory due to possible drug abuse contributing to offense | State—preservation issue; not properly raised in trial court | Issue not preserved; overruled |
| Whether the sentence was authorized by law given enhancement findings | Torres—claims no express findings; sentence outside unenhanced range | Court implied true findings from record and enhanced range applied | Sentence within enhanced range; implied findings established; judgment modified to reflect true pleas and implied findings |
Key Cases Cited
- Ford v. State, 243 S.W.3d 112 (Tex. App.—Houston [1st Dist.] 2007) (admonitions and plea processes support enhancement pleas)
- Alberto v. State, 100 S.W.3d 528 (Tex. App.—Texarkana 2003, no pet.) (mandatory but waiver-dependent Article 42.12 §9(h) evaluation issue)
- Almand v. State, 536 S.W.2d 377 (Tex. Crim. App. 1976) (implied findings when record supports enhancements)
- Garner v. State, 858 S.W.2d 656 (Tex. App.—Fort Worth 1993) (implied true findings when sentence exceeds unenhanced range)