Simpson v. State

Intoxication, while relevant, does not render a confession involuntary per se.

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OPINION

Jeremie Simpson appeals his convictions for aggravated robbery and unauthorized use of a motor vehicle. Simpson filed a motion to suppress a statement he made to police, which the trial court overruled after a hearing. He then pleaded guilty to the offenses before a jury. After hearing evidence, the jury assessed his punishment at twenty years’ imprisonment for the aggravated robbery offense and two years’ imprisonment for the unauthorized use of a motor vehicle offense. The sentences were ordered to run concurrently.

On appeal, Simpson contends the trial court erred in overruling his motion to suppress because his statement was not made knowingly and voluntarily. A guilty plea to a felony offense entered before a jury admits all elements of the offense charged and is conclusive as to the defendant’s guilt. Brinson v. State, 570 S.W.2d 937, 938-39 (Tex. Crim. App. [Panel Op.] 1978). Such a defendant waives his right to challenge the legal and factual sufficiency of the evidence. Ex parte Martin, 747 S.W.2d 789, 792 (Tex. Crim. App. 1988) (quoting Ex parte Williams, 703 S.W.2d 674, 678 (Tex. Crim. App. 1986)); Turnipseed v. State, 609 S.W.2d 798, 800-01 (Tex. Crim. App. [Panel Op.] 1980); Addicks v. State, 15 S.W.3d 608, 612 (Tex. App.-Houston [14th Dist.] 2000, pet. ref’d).

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