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Baird v. State

Pursuant to a plea bargain, the appellant pleaded guilty to possession of child pornography. The Constitution is not a per se barrier to the admission of evidence merely because the evidence involves conduct that is constitutionally protected; such evidence may be admissible if it is shown to be relevant to the issues involved in the case. The trial court's judgment is affirmed. Waco Court of Appeals, No. 10-10-00297-CR, 01-11-2012.

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IN THE TENTH COURT OF APPEALS

OPINION

Appellant Gregg Baird was charged with committing thirteen counts of possession of child pornography. After the trial court denied Baird’s motion to suppress, Baird pleaded guilty. Under the plea bargain, Baird pleaded guilty to ten of the counts, the State agreed to dismissal of ninety unadjudicated offenses (by the application of Penal Code section 12.45), and the parties waived a jury without reaching a punishment agreement. After a punishment hearing, the trial court accepted Baird’s guilty plea and assessed a ten-year sentence on count 1, a five-year sentence on count 2 (cumulated on count 1′s sentence), and a ten-year sentence on count 3 (suspended for ten years of community supervision). The sentence on each remaining count was assessed at ten years, to be served consecutively with count 1′s sentence.

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