Joseph Michael Barker v. The State of Texas--Appeal from 402nd Judicial District Court of Wood County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00119-CR

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JOSEPH MICHAEL BARKER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 2nd Judicial District Court

Wood County, Texas

Trial Court No. 13,842-94

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Joseph Michael Barker appeals. This appeal is one of two pending in our Court, both of which are from final convictions in 1994. Barker's counsel did not appeal timely from either conviction, and in 2003 the Texas Court of Criminal Appeals granted an out-of-time appeal. These appeals are each from guilty pleas.

This appeal is from the conviction in cause number 13,842-94. Barker pled guilty without a negotiated plea agreement to aggravated sexual assault with a deadly weapon finding. The trial court sentenced him to forty years' imprisonment.

This appeal was briefed along with the companion appeal in case number 06-03-00118-CR. The same proceeding is involved, and the same contentions of error are raised in connection with both appeals. For the reasons stated in our opinion of this date in case number 06-03-00118-CR, we likewise affirm the trial court's judgment in this case.

We affirm the judgment.

Jack Carter

Justice

Date Submitted: September 14, 2004

Date Decided: October 15, 2004

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