Donald Berford Johnson v. The State of Texas--Appeal from 124th District Court of Gregg County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-02-00086-CR
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DONALD BERFORD JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 124th Judicial District Court
Gregg County, Texas
Trial Court No. 28805-B
Before Morriss, C.J., Ross and Carter, JJ.
Opinion by Chief Justice Morriss
O P I N I O N

Donald Berford Johnson appeals his conviction for possession of cocaine in an amount greater than or equal to four grams, but less than 200 grams. Johnson pled guilty, as part of a plea agreement, and the trial court sentenced him to eleven years' imprisonment, as called for in the plea agreement.

In the same proceeding, Johnson also pled guilty, as part of a plea agreement, to possession of methamphetamine in an amount greater than or equal to one gram, but less than four grams, with intent to deliver. The trial court sentenced him to eleven years' imprisonment as called for in the plea agreement. The trial court also ordered both sentences to run concurrently.

In both cases, Johnson filed motions to suppress the narcotics and a written statement he made to police. The trial court overruled both motions. Johnson has filed a specific notice of appeal in both cases as required by Rule 25.2(b)(3). See Tex. R. App. P. 25.2(b)(3) (Vernon 2002). (1) This opinion addresses Johnson's appeal from his conviction for possession of cocaine.

 

We have, this day, released our opinion in his appeal from his conviction for possession of methamphetamine with intent to deliver, Number 06-02-00085-CR, Donald Berford Johnson v. The State of Texas. The briefs and arguments in the two cases are identical. For the reasons stated in our opinion in the other case, we affirm the trial court's judgment.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: December 3, 2002

Date Decided: January 27, 2003

 

Do Not Publish

1. By an order dated December 23, 2002, the Texas Court of Criminal Appeals approved changes to Rule 25.2. The changes became effective January 1, 2003. Because Johnson filed his notices of appeal before January 1, 2003, we apply the former rule.