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Staggs v. State

In his sole issue, appellant argues that the trial court lacked jurisdiction to proceed with a felony prosecution because there was no evidence to support the finding of a prior family assault. Appellant pleaded guilty and judicially confessed to each element of the third-degree felony offense, including the element of having been previously convicted of assault on a family member. The requirements for sustaining his conviction set out in Gant v. State (Tex. Crim. App. 1980) and Edison v. State (Beaumont Court of Appeals 2008) were thus satisfied. Appellant has failed to demonstrate any reason why his case should not be subject to the rule that a valid judicial confession is sufficient to sustain a conviction upon a guilty plea. Houston's 1st Court of Appeals, Nos. 01-08-00565-CR & 01-08-00570-CR, 04-22-2010

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OPINION

On May 24, 2007, appellant, Jonathon Russell Staggs, pleaded guilty to two felony charges of assault on a family member under former section 22.01 (a)(1) and (b)(2) of the Penal Code.*fn1 The trial court assessed punishment at five years’ deferred adjudication probation. Subsequently, on the State’s motion to revoke probation, the trial court found appellant guilty of the underlying offenses and the enhancement paragraphs and assessed punishment at ten years’ imprisonment for each offense with the sentences to run consecutively. In his sole issue, appellant argues that the trial court lacked jurisdiction to proceed with a felony prosecution because there was no evidence to support the finding of a prior family assault.

We affirm.

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