NO. 07-02-0525-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
JULY 25, 2003
______________________________
JAMES ORION BYWATER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 181ST DISTRICT COURT OF POTTER COUNTY;
NO. 43,459-B; HON. JOHN B. BOARD, PRESIDING
_______________________________
Memorandum Opinion
_______________________________
Before JOHNSON, C.J., QUINN, J., and BOYD, S.J. 1
James Orion Bywater (appellant) appeals from a judgment convicting him of the
unauthorized use of a motor vehicle. Via a single issue, appellant contends that the trial
court erred by entering a cumulation order stacking his sentences for this offense with
another levied in a cause styled State v. Bywater, No. 43,460-B. However, nothing in the
judgment signed by the trial court states that the sentence levied in this cause was or is to
1
John T. Boyd, Chief Justice (Re t.), Seventh C ourt of Appeals, sitting by assignment. Tex. Gov’t Code
Ann. §75.00 2(a)(1) (V erno n Su pp. 2003 ).
run consecutively to, cumulative to, or in any way after the sentence levied in Cause No.
43,460-B.2 Nor does any other document in the appellate record so indicate. Thus, we
cannot say that the trial court ordered that the sentence assessed in this cause was to be
cumulative to (i.e. begin to run after) any other sentence and overrule appellant’s issue.
Accordingly, the judgment is affirmed.
Brian Quinn
Justice
Do not publish.
2
Rath er, the rec ord indicate s th at th e senten ce in Cause No. 43,460-B was to be cumulative to the
sentence in Cause No. 43,459-B, not vice-versa.