Guilty Plea Court Procedure In Texas
Article 26.13 of the Texas Code of Criminal Procedure requires a trial judge to give certain admonishments before accepting a plea of guilty. See TEX. CODE CRIM. PROC. ANN. art. 26.13(a) (Vernon 1989 & Supp. 2000).
These admonishments may be given either orally or in writing.
If they are in writing, the trial court must obtain a statement signed by the defendant and his attorney indicating the defendant understood the admonitions and was aware of the consequences of his plea. See TEX. CODE CRIM. PROC. ANN. art. 26.13(d) (Vernon 1989); Kirk v. State, 949 S.W.2d 769, 771 (Tex.App.--Dallas 1997, pet. ref'd).
A record that shows the trial court properly admonished the defendant is a prima facie showing that the defendant entered into a knowing and voluntary plea. See Kirk, 949 S.W.2d at 771.
Article 27.13 of the Texas Code of Criminal Procedure requires a plea of guilty in a felony case be made in open court by the defendant in person. See TEX. CODE CRIM. PROC. ANN. art. 27.13 (Vernon 1989); Manoy v. State, 7 S.W.3d 771, 778 (Tex.App.--Tyler 1999, no pet.).
A defendant is incompetent to stand trial if he lacks sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding, or lacks a rational and factual understanding of the proceedings against him. See TEX. CODE CRIM. PROC. ANN. art. 46.02, 1(a) (Vernon Supp. 2000); Brown v. State, 960 S.W.2d 772, 774 (Tex.App.--Dallas 1997, pet. ref'd).
Competency is presumed; therefore, appellant must show he was incompetent at the time he entered his guilty plea. See TEX. CODE CRIM. PROC. ANN. art. 46.02, 1(b) (Vernon Supp. 2000); Brown, 960 S.W.2d at 777.