X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:In February 2003, appellant was tried and convicted in Dallas County of the sexual assault of one stepdaughter, T.A. (Cause No. F00-73072-PI), and the aggravated sexual assault of another stepdaughter, M.A. (Cause No. F01-75552-I). Appellant received a life sentence for the aggravated sexual assault of M.A. The trial court stacked this Dallas County life sentence onto a 99-year sentence that was imposed on Sept. 6, 2001, for an aggravated sexual assault of a child conviction in Cause No. 013136 in the 106th Judicial District Court of Gaines County. The court of appeals decided that the evidence is “insufficient to establish a connection between appellant and the prior [Gaines County] conviction.” The court of appeals affirmed the trial court’s judgment after modifying it to delete the cumulation order HOLDING:The court of appeals’ modification of the appellant’s sentence is set aside, and the judgment is otherwise affirmed. The state’s failure to present evidence on two elements of the trial court’s cumulation order � specifically, the Gaines County cause and court numbers � does not render the evidence insufficient to support a finding that appellant is the one who was convicted in the Gaines County case. In Miller v. State, 33 S.W.3d 257 (Tex.Cr.App. 2000), this court decided that admissions by the defendant’s lawyer that the defendant “was currently serving 30 years for two prior convictions” were also admissions that the defendant “indeed had the two prior convictions” set out in the state’s motion to cumulate. Similarly, appellant’s and his lawyer’s admissions together with the other evidence and information in this record sufficiently establish that appellant had the prior Gaines County conviction as set out in the trial court’s cumulation order. OPINION:Hervey, J., delivered the opinion of the Court in which Keller, PJ., Meyers, Johnson, Keasler, Holcomb, and Cochran JJ., joined. Price and Womack, JJ., concurred.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.