Khan Phi Nguyen v. State

I dissent.

In my opinion, the trial court substantially complied with Tex.Code CRim.P.Ann. art. 26.13(a)(1) (Vernon 1989). Appellant has not affirmatively shown that he was not aware of the consequences of his plea and that he was misled or harmed by the admonishment of the court. Therefore, I would affirm.

Article 26.13(a) provides, in relevant part:(a) Prior to accepting a plea of guilty or a plea of nolo contendere, the court shall admonish the defendant of:(1) the range of the punishment attached to the offense;(2) the fact that the recommendation

of the prosecuting attorney as to punishment…