State of Texas v. Ralph Sherman Wilkins

San Angelo, Texas criminal defense law represented the Defendant charged with less than on e gram of meth.

Ralph Sherman Wilkins was charged with possession of less than one gram of a

controlled substance (methamphetamine) following a traffic stop. See Tex. Health & Safety Code

§§ 481.102(6), .115(a)-(b). The indictment also contained enhancement paragraphs alleging prior

felony convictions for sexual assault and aggravated assault with a deadly weapon. See Tex.

Penal Code §§ 22.01, .011, .02. After being charged, Wilkins pleaded guilty to the charged

offense, pleaded true to the two enhancement allegations, and signed a judicial confession stating

that he "did then and there intentionally and knowingly possess a controlled substance, namely

methamphetamine, in an amount of less than one gram.” See Weatherspoon v. State, No. 03-15-

00237-CR, 2016 WL 3919673, at *2 (Tex. App.—Austin July 15, 2016, pet. ref'd) (mem. op.,

not designated for publication) (explaining "that a stipulation to the truth of the indictment's

allegations can support a conviction on a guilty plea”). Further, Wilkins signed a stipulation

stating that the lab report setting out the results of drug testing performed on the suspected

contraband was "true and accurate.” Although the lab report is not included in the record, the

trial court, Wilkins's attorney, and the State all mentioned during the hearing that the lab report

showed that the substance seized during the traffic stop was 0.03 grams of methamphetamine.



During the unitary plea and punishment hearing, one of the police officers

who conducted the traffic stop testified that he found "a methamphetamine pipe” and "a small

clear plastic bag” with a substance inside it when he searched Wilkins's jacket and that testing

performed on the substance provided a presumptive positive result for methamphetamine. In

addition, at the hearing, multiple judgments for Wilkins's prior convictions were admitted into

evidence, and Wilkins admitted at the hearing that he had previously been convicted twenty-

three times, including being convicted for committing the following offenses: evading arrest,

possessing marijuana, possession of a controlled substance, driving while his license was

suspended, resisting arrest, criminal mischief, escaping from custody, assault of a public servant,

sexual assault, assault family violence, and aggravated assault with a deadly weapon. Further,

Wilkins admitted that he had been placed on community supervision multiple times but that

his community supervision was revoked in each case. After considering the evidence from the

hearing, the trial court sentenced Wilkins to fourteen years' imprisonment. See Tex. Penal Code

§§ 12.33, .425. Wilkins appeals the trial court's judgment of conviction.



See: https://www.txcourts.gov/media/1448991/03-20-00079-cr-opinion.pdf

Affirmed