Opinion
No. 10-03-00351-CR
Opinion delivered and filed January 5, 2005. DO NOT PUBLISH.
Appeal from the Crim District 4 of Dallas Co., Dallas County, Texas, Trial Court # F03-50563-WK. Affirmed.
Russell Wilson, II, Attorney at Law, Dallas, TX, for Appellant/Relator. Bill Hill, Dallas County District Attorney, Cheryl Holder, Dallas County Asst. District Attorney, Dallas, TX, for Appellee/Respondent.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Appellant attempts to appeal her conviction, after a plea of nolo contendere, for forgery. See Tex. Penal Code Ann. § 32.21(b) (Vernon Supp. 2004-2005). We will affirm. In her sole issue, Appellant contends that there is a "fatal variance" between her judicial confession and the indictment. Cf. generally Gollihar v. State, 46 S.W.3d 243 (Tex.Crim.App. 2001). "A plea of guilty" or nolo contendere, however, "waives all non-jurisdictional defenses [sic], including challenges to the sufficiency of the evidence. Similarly, a defendant who pleads guilty" or nolo contendere "to the court by executing a valid judicial confession waives any challenge to the factual sufficiency of the evidence." See Keller v. State, 125 S.W.3d 600, 605 (Tex.App.-Houston [1st Dist.] 2003, pet. granted on other grounds) (internal citation omitted); accord Carbajal v. State, No. 01-02-00721-CR, 2003 Tex. App. LEXIS 9534, at *2-*3 (Tex.App.-Houston [1st Dist.] Nov. 6, 2003, no pet.) (not designated for publication); cf. Young v. State, 8 S.W.3d 656 (Tex.Crim.App. 2000). In Appellant's Judicial Confession, she stipulated, "I further judicially confess that I committed the offense with which I stand charged exactly as alleged in the indictment in this cause." Appellant thus waived her challenge to the sufficiency of the evidence. We overrule Appellant's issue. Having overruled Appellant's issue, we affirm.