From Casetext: Smarter Legal Research

Desoto v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Jul 7, 2005
No. 13-04-025-CR (Tex. App. Jul. 7, 2005)

Opinion

No. 13-04-025-CR

Memorandum Opinion Delivered and Filed July 7, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On appeal from the 24th District Court of Calhoun County, Texas.

Before Chief Justice VALDEZ and Justices HINOJOSA and RODRIGUEZ.


MEMORANDUM OPINION


On December 4, 2003, appellant, Jonathan Paul DeSoto, was sentenced to forty years imprisonment for aggravated robbery and ten years imprisonment for aggravated assault. The sentences were to run consecutively. In his sole point of error, appellant contends that the trial court's pronouncement of the cumulative sentences was not sufficiently specific, and therefore the sentences should run concurrently. We affirm. It is well settled that where sentences are pronounced on the same day in the same court, a reference of one to the other by cause number only is sufficient to effect cumulation of the sentences. See Jackson v. State, 449 S.W.2d 242, 244 (Tex.Crim.App. 1969); Ex Parte Lewis, 414 S.W.2d 682, 683 (Tex.Crim.App. 1967); Ex Parte Ogletree, 328 S.W.2d 446, 447 (Tex.Crim.App. 1959). Therefore, the order of cumulation in this case, being made in the same court, entered on the same day as the sentence to which it is made cumulative, and referring to the cause number of such sentence, is deemed sufficient. Jackson, 449 S.W.2d at 244 (citing Ex parte March, 423 S.W.2d 916, 916 (1968)). Appellant's sole point of error is overruled. Accordingly the judgment of the trial court is affirmed.


Summaries of

Desoto v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Jul 7, 2005
No. 13-04-025-CR (Tex. App. Jul. 7, 2005)
Case details for

Desoto v. State

Case Details

Full title:JONATHAN PAUL DESOTO, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi

Date published: Jul 7, 2005

Citations

No. 13-04-025-CR (Tex. App. Jul. 7, 2005)