Cadell Jackson v. State










In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana


______________________________


No. 06-04-00052-CR

______________________________



CADELL JACKSON, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee



                                              


On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 29,269-B



                                                 




Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss



MEMORANDUM OPINION

            In a single jury trial, Cadell Jackson was convicted of two offenses of delivery of a controlled substance, charged in two separate indictments. This appeal concerns only cause number 29,269-B. Jackson's sole point of error in this appeal, as well as in the appeal of cause number 29,267-B, asserts that the trial court erred in ordering his sentences from the two cases to be "stacked," that is, served consecutively rather than concurrently. Since the briefs and arguments raised therein are identical in each appeal, for the reasons stated in Jackson v. State, No. 06-04-00051-CR, we reform the judgment in cause number 29,269-B from the 124th Judicial District Court in Gregg County to delete the cumulation order and, as reformed, affirm the trial court's judgment.

 

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice


Date Submitted:          January 12, 2005

Date Decided:             February 9, 2005


Do Not Publish






#160;            Jack Carter

                                                                        Justice


Date Submitted:          March 29, 2004

Date Decided:             March 30, 2004