Michael Cloyd Pitts 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. 06-04-00049-CR

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MICHAEL CLOYD PITTS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 31465-B

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

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

In two separate cases, Michael Cloyd Pitts pled guilty to driving while intoxicated, subsequent offense. See Tex. Pen. Code Ann. 49.04 (Vernon 2003), 49.09 (Vernon Supp. 2004 2005). Both offenses were third-degree felonies. Tex. Pen. Code Ann. 49.09(b). In a single trial, the parties submitted both cases to a jury for punishment, which resulted in a recommendation that Pitts be sentenced to six years' imprisonment in one case and ten years' imprisonment in the other. The trial court ordered the sentences be served consecutively. See Tex. Code Crim. Proc. Ann. art. 42.08(a) (Vernon Supp. 2004 2005). Pitts appealed the cases separately, but the issue raised in this case is identical to the issue presented in Pitts v. State, No. 06-04-00068-CR.

Since the issues raised, as well as the records, are identical in both appeals, for the reasons stated in Pitts v. State, No. 06-04-00068-CR, we likewise affirm the trial court's judgment in this case.

Josh R. Morriss, III

Chief Justice

Date Submitted: January 6, 2005

Date Decided: January 7, 2005

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