Alvarez v. State, 63 S.W.3d 578 (Tex. App. 2001). · Go Syfert
Alvarez v. State, 63 S.W.3d 578 (Tex. App. 2001). Cases Citing This Book View Copy Cite
185 citation events (185 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Hanna Springstead v. the State of Texas
Tex. App. · 2025 · confidence medium
App. 1973); and then citing Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.)).
cited Cited as authority (rule) Kailand Rushton v. the State of Texas
Tex. App. · 2025 · confidence medium
App. 1973); and then citing Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.)).
cited Cited as authority (rule) Julian Alejandro Andrade v. the State of Texas
Tex. App. · 2024 · confidence medium
App. 1973); and then citing Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.)).
cited Cited as authority (rule) Steven Ray Douglas v. the State of Texas
Tex. App. · 2024 · confidence medium
App. 1973); and then citing Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.)).
cited Cited as authority (rule) Diego Roberto Camacho v. the State of Texas
Tex. App. · 2024 · confidence medium
App. 1973); and then citing Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.)).
cited Cited as authority (rule) Cedrick Dewayne Jackson v. the State of Texas
Tex. App. · 2023 · confidence medium
App. 1973); and then citing Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.)).
cited Cited as authority (rule) Jared Fredrick Wade v. the State of Texas
Tex. App. · 2023 · confidence medium
App. 1973); and then citing Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.)).
cited Cited as authority (rule) Francisco Acostavilla v. State
Tex. App. · 2019 · confidence medium
App. 1973); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.).
discussed Cited as authority (rule) Patricio Estrada v. State
Tex. App. · 2018 · confidence medium
See Arriaga, 335 S.W.3d at 336 (life imprisonment sentence was not grossly disproportionate to appellant’s commission of aggravated 11 sexual assault of a child less than 14 years of age); Williamson v. State, 175 S.W.3d 522, 525 (Tex. App.—Texarkana 2005, no pet.) (three consecutive life terms for three counts of aggravated sexual assault of a child not grossly disproportionate); Nunez v. State, 110 S.W.3d 681, 682 (Tex. App.—Corpus Christi 2003, no pet.) (20 years’ confinement was not grossly disproportionate to appellant’s commission of aggravated sexual assault of a child less th…
cited Cited as authority (rule) James Beck v. State
Tex. App. · 2018 · confidence medium
See Winchester v. State, 246 S.W.3d 386, 389 (Tex. App.—Amarillo 2008, pet. ref'd); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.).
discussed Cited as authority (rule) Ex Parte: Arturo Ochoa Salgado
Tex. App. · 2016 · confidence medium
TEX.CODE CRIM.PROC.ANN. art. 26.13(c); Teel v. State, No. 08-11-00220-CR, 2013 WL 1777286 , at *1 (Tex.App.--El Paso Apr. 24, 2013, no pet.)(not designated for publication); Alvarez v. State, 63 S.W.3d 578, 581 (Tex.App.--Fort Worth 2001, no pet.).
cited Cited as authority (rule) Joshua Gilbert Bonilla v. State
Tex. App. · 2015 · confidence medium
Alvarez v. State, 63 S.W.3d 578, 581 (Tex. App.—Fort Worth 2001, no pet.).
cited Cited as authority (rule) Jesus Mirola v. State
Tex. App. · 2015 · confidence medium
See Winchester v. State, 246 S.W.3d 386, 389 (Tex. App.—Amarillo 2008, pet. ref’d); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.).
examined Cited as authority (rule) Jake Henry Oglesby v. State (3×)
Tex. · 2015 · confidence medium
App. 1984); Alvarez v. State, 63 S.W. 3d 578, 580 (Tex. App. – Fort Worth 2001, no pet.); Dale v. State, 170 S.W. 3d 797, 799 (Tex. App. – Fort Worth 2005, no pet.). 36 Dale, 170 S.W. 3d at 799 , citing Harmelin v. Michigan, 501 U.S. 957, 1004-05 , 111 2680, 2706-2707, 115 L.
discussed Cited as authority (rule) Joseph Alan Neeley v. State (2×) also: Cited "see, e.g."
Tex. App. · 2015 · confidence medium
Even while recognizing the mitigating facts described above, the jury could have rationally assessed lengthy terms of confinement based, in part, on the harm or threatened harm to the victims of appellant’s crimes at issue and on his failure to abate criminal conduct after receiving leniency, in the form of community supervision, for prior offenses. 19 See Sample, 405 S.W.3d at 304–05 (considering a defendant’s criminal history in determining whether his sentence was constitutionally excessive); Alvarez, 63 S.W.3d at 581 (considering the harm caused and threatened to the victim); see als…
discussed Cited as authority (rule) Joseph Alan Neeley v. State (2×) also: Cited "see, e.g."
Tex. App. · 2015 · confidence medium
Even while recognizing the mitigating facts described above, the jury could have rationally assessed lengthy terms of confinement based, in part, on the harm or threatened harm to the victims of appellant’s crimes at issue and on his failure to abate criminal conduct after receiving leniency, in the form of community supervision, for prior offenses. 19 See Sample, 405 S.W.3d at 304–05 (considering a defendant’s criminal history in determining whether his sentence was constitutionally excessive); Alvarez, 63 S.W.3d at 581 (considering the harm caused and threatened to the victim); see als…
discussed Cited as authority (rule) Roxanne Yvette Davis v. State (2×)
Tex. App. · 2015 · confidence medium
Certificate of Compliance and Certificate of Service ..................................... 16 3 Index of Authorities Cases Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.-Fort Worth 2001, no pet.) ................... 13 Harmelin v. Michigan, 501 U.S. 957, 962 (1991). ............................................................ 14 Jacobs v. State, 80 S.W.3d 631 (Tex. App.—Tyler 2002, no pet.) ................................... 12 Kirk v. State, 949 S.W.2d 769, 772 (Tex. App. - Dallas 1997, pet. ref'd). ........................ 13 Lackey v. State, 881 S.W.2d 418, 420-21 (Tex. App. - Dallas 19…
discussed Cited as authority (rule) Mason, Ryan Keith
Tex. App. · 2015 · confidence medium
Generally, a sentence within the statutory range of punishment for an offense is not excessive, cruel, or unusual punishment.1 Winchester v. State, 246 S.W.3d 386, 389 (Tex. App.—Amarillo 2008, pet. ref'd); Alvarez v. State, 63 S.W.3d 578,580 (Tex. App.— Fort Worth 2001, no pet.).
discussed Cited as authority (rule) Martin Noe Muzquiz v. State
Tex. App. · 2015 · confidence medium
App. 1982) (multiple life sentences resulting from convictions in three incidents of aggravated sexual abuse did not violate Eighth Amendment); 10 Arriaga v. State, 335 S.W.3d 331, 336 (Tex. App.—Houston [14th Dist.] 2010, pet. ref’d) (life sentence for aggravated sexual assault of a child did not violate Eighth Amendment); Williamson v. State, 175 S.W.3d 522, 525 (Tex. App.— Texarkana 2005, no pet.) (three consecutive life terms for three counts of aggravated sexual assault of a child did not violate Eighth Amendment); Alvarez v. State, 63 S.W.3d 578, 581 (Tex. App.—Fort Worth 2001, n…
cited Cited as authority (rule) Humphrey Brock, Jr. v. State
Tex. App. · 2014 · confidence medium
Dale, 170 S.W.3d at 800 ; Alvarez v. State, 63 S.W.3d 578, 581 (Tex. App.—Fort Worth 2001, no pet.).
discussed Cited as authority (rule) Ryan K. Mason v. State
Tex. App. · 2014 · confidence medium
Generally, a sentence within the statutory range of punishment for an offense is not excessive, cruel, or unusual punishment.1 Winchester v. State, 246 S.W.3d 386, 389 (Tex. App.—Amarillo 2008, pet. ref’d); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.— Fort Worth 2001, no pet.).
cited Cited as authority (rule) Amy Grady v. State
Tex. App. · 2014 · confidence medium
Dale, 170 S.W.3d at 800 ; Alvarez v. State, 63 S.W.3d 578, 581 (Tex. App.—Fort Worth 2001, no pet.).
cited Cited as authority (rule) Russell Scott Walden v. State
Tex. App. · 2014 · confidence medium
See Winchester v. State, 246 S.W.3d 386, 389 (Tex. App.—Amarillo 2008, pet. ref’d); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.).
cited Cited as authority (rule) Juan David Bernal v. State
Tex. App. · 2014 · confidence medium
Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.).
discussed Cited as authority (rule) Lloyd Charles Langston v. State
Tex. App. · 2014 · confidence medium
Kim v. State, 283 S.W.3d 473, 475 (Tex. App.—Fort Worth 2009, pet. ref’d); Dale v. State, 170 S.W.3d 797, 799 (Tex. App.—Fort Worth 2005, no pet.); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.).
cited Cited as authority (rule) Conner Benjamin Polen v. State
Tex. App. · 2014 · confidence medium
In Cause No. 10-12-00155-CR (Trial Court No. 37,113) and Cause No. 10-12-00156-CR (Trial Court No. 37,114), we Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.).
cited Cited as authority (rule) Jose Alferdo Valdez v. State
Tex. App. · 2014 · confidence medium
Alvarez v. State, 63 S.W.3d 578, 581 (Tex. App.—Fort Worth 2001, no pet.); see Solem, 463 U.S. at 291-92 , 103 S. Ct. at 3010 ; McGruder, 954 F. 2d at 316 .
discussed Cited as authority (rule) Anthony Rodriguez v. State
Tex. App. · 2013 · confidence medium
Kim v. State, 283 S.W.3d 473, 475 (Tex.App. – Fort Worth 2009, pet. ref’d); Dale v. State, 170 S.W.3d 797, 799 (Tex.App. – Fort Worth 2005, no pet.); Alvarez v. State, 63 S.W.3d 578, 580 (Tex.App. – Fort Worth 2001, no pet.).
cited Cited as authority (rule) Conner Benjamin Polen v. State
Tex. App. · 2013 · confidence medium
See Winchester v. State, 246 S.W.3d 386, 389 (Tex. App.—Amarillo 2008, pet. ref’d); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.).
cited Cited as authority (rule) Fred Nathan v. State
Tex. App. · 2013 · confidence medium
App. 1979); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.)).
discussed Cited as authority (rule) Stephen Ashton Snowden v. State (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
Alvarez v. State, 63 S.W.3d 578, 581 (Tex. App.—Fort Worth 2001, no pet.); see Solem, 463 U.S. at 291-92 , 103 S. Ct. at 3010 ; McGruder, 954 F.2d at 316 .
discussed Cited as authority (rule) Richard Dwayne Teel, Jr. v. State (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
See Aguirre-Mata v. State, 992 S.W.2d 495, 498-99 (Tex.Crim.App. 1999); Alvarez v. State, 63 S.W.3d 578, 581 (Tex.App. – Fort Worth 2001, no pet.).
discussed Cited as authority (rule) Richard Dwayne Teel, Jr. v. State (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
See Aguirre-Mata v. State, 992 S.W.2d 495, 498-99 (Tex.Crim.App. 1999); Alvarez v. State, 63 S.W.3d 578, 581 (Tex.App. – Fort Worth 2001, no pet.).
discussed Cited as authority (rule) Richard Dwayne Teel, Jr. v. State (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
See Aguirre-Mata v. State, 992 S.W.2d 495, 498-99 (Tex.Crim.App. 1999); Alvarez v. State, 63 S.W.3d 578, 581 (Tex.App. – Fort Worth 2001, no pet.).
discussed Cited as authority (rule) Richard Dwayne Teel, Jr. v. State (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
See Aguirre-Mata v. State, 992 S.W.2d 495, 498-99 (Tex.Crim.App. 1999); Alvarez v. State, 63 S.W.3d 578, 581 (Tex.App. – Fort Worth 2001, no pet.).
discussed Cited as authority (rule) Richard Dwayne Teel, Jr. v. State (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
See Aguirre-Mata v. State, 992 S.W.2d 495, 498-99 (Tex.Crim.App. 1999); Alvarez v. State, 63 S.W.3d 578, 581 (Tex.App. – Fort Worth 2001, no pet.).
discussed Cited as authority (rule) Ex Parte Monta Drinkard
Tex. App. · 2012 · confidence medium
It will not be rendered involuntary by lack of knowledge as to some collateral consequence.”) (footnote omitted); Alvarez v. State , 63 S.W.3d 578, 582 (Tex. App.—Fort Worth 2001, no pet.) (citing Jimenez for the same proposition).
discussed Cited as authority (rule) Ex Parte Monta Drinkard
Tex. App. · 2012 · confidence medium
It will not be rendered involuntary by lack of knowledge as to some collateral consequence.”) (footnote omitted); Alvarez v. State, 63 S.W.3d 578, 582 (Tex. App.—Fort Worth 2001, no pet.) (citing Jimenez for the same proposition).
discussed Cited as authority (rule) Danny Paul Martin v. State (2×) also: Cited "see"
Tex. App. · 2012 · confidence medium
See Winchester v. State, 246 S.W.3d 386, 389 (Tex. App.—Amarillo 2008, pet. ref’d); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.— Fort Worth 2001, no pet.).
cited Cited as authority (rule) Karen Mitchell Martin v. State
Tex. App. · 2012 · confidence medium
Winchester v. State, 246 S.W.3d 386, 389 (Tex. App.—Amarillo 2008, pet. ref’d); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.— Fort Worth 2001, no pet.).
discussed Cited as authority (rule) Gregory Michael Fowler v. State (2×) also: Cited "see, e.g."
Tex. App. · 2012 · confidence medium
See Aguirre-Mata v. State, 992 S.W.2d 495, 498-99 (Tex.Crim.App. 1999); Alvarez v. State, 63 S.W.3d 578, 581 (Tex.App.--Fort Worth 2001, no pet.).
discussed Cited as authority (rule) Herman Lee Kindred v. State (2×) also: Cited "see"
Tex. App. · 2011 · confidence medium
App. 1973); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.)).
cited Cited as authority (rule) Cathy Lynn Rutledge, AKA Cathy Lynn Wilson v. State
Tex. App. · 2011 · confidence medium
Solem v. Helm, 463 U.S. 277, 292 , 103 S.Ct. 3001, 3011 , 77 L.Ed.2d 637 (1983); Alvarez v. State, 63 S.W.3d 578, 580-2 (Tex. App.—Fort Worth 2001, no pet.).
cited Cited as authority (rule) Ashley Lucille Roberts v. State
Tex. App. · 2010 · confidence medium
App. 1973); Alvarez v. State , 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.).
discussed Cited as authority (rule) James Harrold Burchfield v. State
Tex. App. · 2009 · confidence medium
App. 1973); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.). 5 … See Tex. Penal Code Ann. § 49.04 (a) (Vernon 2003), §§ 12.42(a)(3), 49.09(b)(2) (Vernon Supp. 2008). 6 … Tex. Penal Code Ann. § 12.33 (a) (Vernon 2003). 7 … See Moore v. State, 54 S.W.3d 529, 542 (Tex. App.—Fort Worth 2001, pet. ref’d); see also Harmelin v. Michigan, 501 U.S. 957 , 1004–05, 111 S. Ct. 2680, 2707 (1991) (Kennedy, J., concurring); Solem v. Helm, 463 U.S. 277 , 290–92, 103 S. Ct. 3001 , 3010–11 (1983); McGruder v. Puckett, 954 F.2d 313, 316 (5th Cir.), cert. denied, 50…
discussed Cited as authority (rule) James Harrold Burchfield v. State
Tex. App. · 2009 · confidence medium
App. 1973); Alvarez v. State , 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.). 5: See Tex. Penal Code Ann. § 49.04 (a) (Vernon 2003), §§ 12.42(a)(3), 49.09(b)(2) (Vernon Supp. 2008). 6: Tex. Penal Code Ann. § 12.33 (a) (Vernon 2003). 7: See Moore v. State , 54 S.W.3d 529, 542 (Tex. App.—Fort Worth 2001, pet. ref’d); see also Harmelin v. Michigan , 501 U.S. 957 , 1004–05, 111 S. Ct. 2680, 2707 (1991) (Kennedy, J., concurring); Solem v. Helm , 463 U.S. 277 , 290–92, 103 S. Ct. 3001 , 3010–11 (1983); McGruder v. Puckett , 954 F.2d 313, 316 (5th Cir.), cert. denied , 506 U…
discussed Cited as authority (rule) Harold John Thomas v. State
Tex. App. · 2009 · confidence medium
App. 1983); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.); Price v. State, 35 S.W.3d 136, 144 (Tex. App.—Waco 2000, pet. ref’d) (op. on reh’g). 53 … See Tex. Penal Code Ann. § 12.42 (c) (Vernon Supp. 2008) (a defendant convicted of indecency with a child or aggravated sexual assault receives a mandatory life sentence if he has previously been convicted of a felony). 20 punishable by imprisonment for life.54 Thus, punishment for appellant’s most recent offense, even if he had not been previously convicted, could have been assessed at life imprisonment.
discussed Cited as authority (rule) Harold John Thomas v. State
Tex. App. · 2009 · confidence medium
App. 1983); Alvarez v. State, 63 S.W.3d 578, 580 (Tex. App.—Fort Worth 2001, no pet.); Price v. State , 35 S.W.3d 136, 144 (Tex. App.—Waco 2000, pet. ref’d) (op. on reh’g). 53: See Tex. Penal Code Ann. § 12.42 (c) (Vernon Supp. 2008) (a defendant convicted of indecency with a child or aggravated sexual assault receives a mandatory life sentence if he has previously been convicted of a felony). 54: See id . § 12.32(a) (Vernon 2003).
cited Cited as authority (rule) Juan Carlos Guerrero, Jr. v. State
Tex. App. · 2008 · confidence medium
State , 63 S.W.3d 578, 580 (Tex. App.-Fort Worth 2001, no pet.).
cited Cited as authority (rule) Allen Dewayne Farris v. State
Tex. App. · 2007 · confidence medium
App. 1999); Alvarez v. State , 63 S.W.3d 578, 581 (Tex. App.—Fort Worth 2001, no pet.).
Retrieving the full opinion text from the archive…
Jaime Ines ALVAREZ, Appellant,
v.
the STATE of Texas, State
2-01-058-CR.
Court of Appeals of Texas.
Dec 6, 2001.
63 S.W.3d 578
Deborah Nekhom, Fort Worth, Dean M. Swanda, Arlington, for Appellant., Tim Curry, Criminal District Attorney, Charles M. Mallín, Assistant Criminal District Attorney and Chief of the Appellate Section, Danielle A. LeGault and Jay Lap-ham, Assistant Criminal District Attorneys, Fort Worth, for Appellee.
Cayce, Gardner, Walker.
Cited by 108 opinions  |  Published

OPINION

GARDNER, Justice.

Appellant Jaime Ines Alvarez appeals his conviction for aggravated sexual assault of his daughter J.A., a child under fourteen years of age. Appellant was charged with intentionally or knowingly causing the sexual organ of J.A. to contact his penis. He pleaded guilty to a jury, and the jury assessed his punishment at fifty-five years’ confinement. In two issues, he contends that his sentence constitutes cruel and unusual punishment and that his guilty plea was involuntary because the trial court failed to admonish him regarding the sex offender registration requirement. We affirm.

CRUEL AND UNUSUAL PUNISHMENT

In his first issue, appellant contends that his fifty-five-year sentence is grossly disproportionate to the crime and thus constitutes cruel and unusual punishment under the Eighth Amendment. [1] U.S. Const, amend. VIII. According to appellant, the sentence “reflects a lynch-mob mentality with no rational relation to the offense itself.” He points out that the State asked the jury to assess only a forty-five-year sentence, that he has no criminal record in the United States or Mexico, that he worked and supported his family, that his family needs him, and that there is no evidence J.A. was traumatized by the incident. He argues that the evidence suggests he is “a decent, respected, hardworking, considerate, and respectful man whose judgment was disinhibited and impaired by the use of alcohol and drugs.” To further demonstrate the disproportion-ality of his sentence, he argues that if he had committed a comparable federal offense, he would have been subject to a sentence of approximately eleven to fourteen years.

Generally, punishment assessed within the statutory limits is not excessive, cruel, or unusual punishment. Jordan v. State, 495 S.W.2d 949, 952 (Tex.Crim.App.1973). A narrow exception to this rule is recognized where the sentence is grossly disproportionate to the offense. See Moore v. State, 54 S.W.3d 529, 542 (Tex.App. — Fort Worth 2001, pet. filed); see also Harmelin v. Michigan, 501 U.S. 957, 1004-05, 111 S.Ct. 2680, 2707, 115 L.Ed.2d 836 (1991) (Kennedy, J., concurring); Solem v. Helm, 463 U.S. 277, 290-92, 103 S.Ct. 3001, 3010-11, 77 L.Ed.2d 637 (1983); McGruder v. Puckett, 954 F.2d 313, 316 (5th Cir.), cert. denied, 506 U.S. 849, 113 S.Ct. 146, 121 L.Ed.2d 98 (1992).

The Supreme Court identified three criteria to be used to evaluate the[*581] proportionality of a particular sentence. See Solem, 463 U.S. at 292, 103 S.Ct. at 3011. They are (1) the gravity of the offense and the harshness of the punishment, (2) the sentences imposed on other criminals in the same jurisdiction, and (3) the sentences imposed for the same offense in other jurisdictions. Id. In a proportionality analysis, we first make a threshold comparison of the gravity of the offense against the severity of the sentence. Moore, 54 S.W.3d at 542. We judge the gravity of the offense in light of the harm caused or threatened to the victim or society and the culpability of the offender. Id. Only if we determine that the sentence is grossly disproportionate to the offense do we consider the remaining Solem factors. Id.

Here, appellant admitted to committing aggravated sexual assault of a child by intentionally causing his penis to contact the sexual organ of his five-year-old daughter. Aggravated sexual assault is a first-degree felony, punishable by life imprisonment or five to ninety-nine years’ imprisonment and a $0 to $10,000 fine. Tex. PeNau Code Ann. § 22.021(e) (Vernon Supp.2002). Given the nature of the offense, appellant’s relationship to the child victim, and his wife’s testimony that appellant would have continued access to his daughter should he be released from custody, we cannot conclude his fifty-five-year sentence is grossly disproportionate to the offense. We overrule appellant’s first issue.

FAILURE TO ADMONISH

In his second issue, appellant contends the trial court erred by failing to admonish him that he would have to register as a sex offender as a result of his guilty plea and that the trial court’s failure to do so rendered his plea unknowing and involuntary. See Tex.Code Crim. Proc. Ann. arts. 26.13(a)(5), 62.02 (Vernon Supp. 2002). Prior to appellant’s trial, the trial court orally admonished appellant regarding the range of punishment for the offense and the deportation consequences of a guilty plea, but failed to admonish him regarding the sex offender registration requirement. See id. art. 26.13(a)(1), (4)-(5).

Pursuant to article 26.13(a) of the code of criminal procedure, before accepting a guilty plea, the trial court must admonish the defendant, orally or in writing, of the range of punishment, the possibility of deportation, and the fact that the defendant will be required to register as a sex offender, if applicable. Id. art. 26.13(a)(1) — (5), (d) (Vernon 1989 & Supp. 2001). The admonishments under article 26.13(a) are not constitutionally required because their purpose and function is to assist the trial court in making the determination that a guilty plea is knowingly and voluntarily entered. Aguirre-Mata v. State, 992 S.W.2d 495, 498-99 (Tex.Crim.App.1999). Thus, a trial court commits nonconstitutional error when it fails to admonish a defendant on one of the statutorily required admonishments. Id.; Carranza v. State, 980 S.W.2d 653, 655-56 (Tex.Crim.App.1998).

Nonconstitutional error is to be disregarded, unless it affects a substantial right of the appellant. [2] Tex.R.App. P. 44.2(b). In this context, a substantial right is affected if appellant was unaware of the consequences of his plea and was misled or[*582] harmed by the admonishment of the trial court. Carranza, 980 S.W.2d at 658. [3] We assess the harm to appellant, if any, after reviewing the record. See Johnson, 43 S.W.3d at 5.

Since article 26.13(a) was amended to include admonishments regarding the sex offender registration requirement, several courts of appeals have addressed the issue of whether a trial court’s failure to admonish a defendant regarding the registration requirement affects a guilty plea. The majority of those courts have applied the Carranza standard of review in conjunction with the concepts of direct versus collateral consequences of a plea in determining whether reversible error occurred and the defendant’s plea was invalidated. See, e.g., Thompson v. State, 59 S.W.3d 802, 806-07 (Tex.App. — Texarkana 2001, pet. filed); Shankle v. State, 59 S.W.3d 756, 759-62 (Tex.App. — Austin 2001, pet. filed); Ducker v. State, 45 S.W.3d 791, 793-96 (Tex.App. — Dallas 2001, no pet.).

Generally, if a defendant is fully advised of the direct consequences of his plea, his ignorance of a collateral consequence does not render the plea involuntary. State v. Jimenez, 987 S.W.2d 886, 888-89 (Tex.Crim.App.1999); Ex parte Morrow, 952 S.W.2d 530, 536 (Tex.Crim.App.1997), cer t. denied, 525 U.S. 810, 119 S.Ct. 40, 142 L.Ed.2d 31 (1998). Each of the courts cited above initially concluded that the admonishments under article 26.13(a)(5) regarding sex offender registration are only collateral and that the failure to admonish a defendant, alone, does not invalidate a guilty plea. See Thompson, at 806-07; Shankle, at 759-62; Ducker, 45 S.W.3d at 793-96; see also Ruffin v. State, 3 S.W.3d 140, 144 (Tex.App. — Houston [14th Dist.] 1999, pet. ref'd) (holding sex offender registration is collateral consequence of plea); Guzman v. State, 993 S.W.2d 232, 235-36 (Tex.App. — San Antonio 1999, pet. ref'd) (same), cert. denied, 528 U.S. 1161, 120 S.Ct. 1174, 145 L.Ed.2d 1082 (2000). The courts then proceeded to apply the Carranza standard of review to the facts of the particular cases.

In Thompson and Ducker, the courts determined that, in the absence of evidence that the defendant was unaware of the consequences of his plea and that he was misled or harmed by the trial court’s admonishment, no reversible error occurred. See Thompson, at 807; Ducker, 45 S.W.3d at 795-96. However, in Shan-kle, the court determined that, even though registration is a collateral consequence, the registration requirement was so serious that the trial court’s failure to admonish the defendant regarding registration affected a substantial right and was reversible error. Shankle, at 761-62.

One other court of appeals has addressed this issue and concluded that the error was harmless under the Carranza standard without engaging in an analysis of whether registration was a direct or collateral consequence of the defendant’s plea. See Torres v. State, 59 S.W.3d 365, 367-68 (Tex.App. — Houston [1st Dist.] 2001, no pet. h.). In Torres, the court also found that the trial court’s failure to admonish the defendant of the registration requirement was harmless error in the absence of evidence that the defendant was unaware of the consequences of his plea and that he was misled or harmed by[*583] the trial court’s admonishment. Id. at 367-68.

We are persuaded by the reasoning in Ducker, which we will not repeat here. We conclude that sex offender registration is a collateral consequence of appellant’s guilty plea and that the trial court’s failure to admonish him regarding the registration requirement did not render his plea involuntary. See Ducker, 45 S.W.3d at 794-96.

Further, although we agree that the registration requirement is a serious consequence of appellant’s plea, in the absence of evidence in the record that appellant was unaware of the consequences of his plea and that he was misled or harmed by the trial court’s admonishment, we conclude the trial court’s failure to admonish appellant regarding the registration requirement was harmless error. See Torres, at 367-68; Thompson, at 806-07; Ducker, 45 S.W.3d at 793-96; but see Shankle, at 759-61. Appellant admitted to sexually assaulting his five-year-old daughter. Appellant understood the range of punishment for the offense and that the trial court would instruct the jury to find him guilty as a result of his guilty plea and that he would be sentenced accordingly. [4] There is no evidence that he was unaware of the registration requirement or that he would not have pleaded guilty if the trial court had properly admonished him regarding registration. We overrule appellant’s second issue.

We affirm the trial court’s judgment.

1

. For purposes of this opinion, we assume appellant preserved this complaint by raising the issue in his motion for new trial. See Tex.R.App. P. 21, 33.1(a).

2

. Appellant relies heavily on Matchett v. State, 941 S.W.2d 922, 927-28 (Tex.Crim.App.1996), ce rt. denied, 521 U.S. 1107, 117 S.Ct. 2487, 138 L.Ed.2d 994 (1997), for the proposition that all errors are presumed harmful until the State rebuts that presumption. Because Matchett was decided under old rule of appellate procedure 81(b)(2), it is not controlling.

3

. Under Carranza, the court of criminal appeals imposed upon the defendant the burden of proof to show he was unaware of the consequences of his plea and that he was misled or harmed by the admonishment of the trial court. Carranza, 980 S.W.2d at 658. The court of criminal appeals has since made it clear that an appellant has no burden to show harm under rule 44.2(b). Johnson v. State, 43 S.W.3d 1, 5 (Tex.Crim.App.2001).

4

. Appellant, who is illegally in the United States, further understood the potential deportation consequences of his plea.