Patrick Terry Cooper v. State Texas

This is an appeal from a conviction upon a non-negotiated plea of guilty to the felony offense of injury to a child. Tex.
Penal Code § 22.04 (Vernon 1989). The trial court found appellant guilty and assessed punishment at forty-five years of confinement.
The court also found that appellant used a deadly weapon in the commission of the offense. By one point of error, appellant
contends the evidence is insufficient to support the trial court's affirmative finding that appellant used a deadly weapon.
We affirm the judgment of the trial court. The State, relying on King v. State, 687 S.W.2d 762 (Tex. Crim. App. 1985), contends that appellant waived all non-jurisdictional
defects because he signed a waiver of constitutional rights, an agreement to stipulate, and a judicial confession, and he
entered a plea of guilty to the offense without an agreed recommendation. However, the complained of error occurred subsequent
to the entry of the guilty plea; therefore, appellant retained the right to appeal. King, 687 S.W.2d at 767 (concurring opinion);
Polson v. State, 709 S.W.2d 751, 753 (Tex. App. -- Austin 1986, pet. ref'd); see also Shallhorn v. State, 732 S.W.2d 636,
639 (Tex. Crim. App. 1987) (concurring opinion); Lerma v. State, 758 S.W.2d 383, 384 (Tex. App. -- Austin 1988, no pet.).