In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-19-00124-CR DOMINIQUE SHAQUILLE MARQUIS HARVEY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 124th District Court Gregg County, Texas Trial Court No. 47184-B Before Morriss, C.J., Burgess and Stevens, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION After entering an open plea of guilty to murder, 1 Dominique Shaquille Marquis Harvey asked the jury to assess his punishment. Following a punishment trial, the jury recommended a sentence of seventy-five years’ confinement in prison. The trial court sentenced Harvey in accordance with the jury’s recommendation, and Harvey appeals, maintaining that the trial court erred when it admonished him because it failed to comply with Article 26.13 of the Texas Code of Criminal Procedure, that the trial record lacked an oral record or document setting forth the evidence used to convict Harvey in violation of Article 39.14 of the Texas Code of Criminal Procedure, and that the State engaged in improper jury argument. Because we find that (1) Harvey was not harmed by not being admonished that a guilty plea may affect his immigration status, (2) the State did not improperly argue regarding the application of parole law, and (3) Harvey preserved no claim that the State failed to provide him an evidence inventory, we affirm the trial court’s judgment. (1) Harvey Was Not Harmed by Not Being Admonished that a Guilty Plea May Affect His Immigration Status Harvey maintains that the trial court erred in accepting his guilty plea because it failed to inquire as to his citizenship or admonish him regarding potential immigration consequences. We conclude, however, that Harvey was not harmed by this omission. Statutorily, trial courts must give a series of admonishments to defendants who plead guilty. See TEX. CODE CRIM. PROC. ANN. art. 26.13 (Supp.). Germaine to Harvey’s current issue, 1 Harvey’s indictment alleged that on September 21, 2017, Harvey intentionally or knowingly caused the death of Cameron Brooks by shooting Brooks with a firearm. Harvey initially waived arraignment and entered a plea of not guilty. Almost two years later, Harvey signed a stipulation of evidence and pled guilty to the charged offense. 2 before a trial court accepts a guilty plea, it must admonish the defendant of “the fact that if the defendant is not a citizen of the United States of America, a plea of guilty or nolo contendere for the offense charged may result in deportation, the exclusion from admission to this country, or the denial of naturalization under federal law . . . .” TEX. CODE CRIM. PROC. ANN. art. 26.13(a)(4). “In admonishing the defendant . . . , substantial compliance by the court is sufficient, unless the defendant affirmatively shows that he was not aware of the consequences of his plea and that he was misled or harmed by the admonishment of the court.” TEX. CODE CRIM. PROC. ANN. art. 26.13(c); see VanNortrick v. State, 227 S.W.3d 706, 708 (Tex. Crim. App. 2007); Seagraves v. ...
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