In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-08-00096-CR
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GARY TRISTON GUICE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 188th Judicial District Court
Gregg County, Texas
Trial Court No. 36,392-A
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Gary Triston Guice appeals from his conviction on his open plea of guilty to three felony
offenses in a single proceeding. In this case, numbered 06-08-00096-CR (trial cause number
36,392-A), Guice was convicted of sexual assault. Guice pled guilty to the offense. The issue of
punishment was tried to the trial court, which sentenced him to twenty years' imprisonment in this
case, to run concurrently with the sentences in the other two cases.1
On appeal, Guice raises two contentions of error. First, he argues that the trial court
committed reversible error by failing to consider the entire range of punishment for the offense, and
second, that the punishment imposed violated the right against cruel and unusual punishment.
We addressed these issues in detail in our opinion of this date on his appeal in cause number
06-08-00095-CR. For the reasons stated therein, we affirm the judgment.
Josh R. Morriss, III
Chief Justice
Date Submitted: December 22, 2008
Date Decided: December 23, 2008
Do Not Publish
1
In cause number 06-08-00095-CR (trial number 35,832-A), Guice was convicted of
aggravated robbery and sentenced to life imprisonment. In cause number 06-08-00097-CR (trial
number 36,394-A), Guice was convicted of aggravated kidnapping and sentenced to life
imprisonment.
2