Gary Triston Guice v. State

















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Do Not Publish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.

SPAN>

On April 26, 2007, we mailed a letter to counsel for appellant detailing the apparent defect in the notice of appeal and informing counsel that, if he did not show this Court how we had jurisdiction within ten days of the date of the letter, we would dismiss the appeal for want of jurisdiction.



We have received no response. Therefore, we dismiss the appeal. See Tex. R. App. P. 42.3.



Josh R. Morriss, III

Chief Justice



Date Submitted: May 31, 2007

Date Decided: June 1, 2007