Cadell Jackson 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. 06-04-00052-CR

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CADELL JACKSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 29,269-B

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

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

In a single jury trial, Cadell Jackson was convicted of two offenses of delivery of a controlled substance, charged in two separate indictments. This appeal concerns only cause number 29,269-B. Jackson's sole point of error in this appeal, as well as in the appeal of cause number 29,267-B, asserts that the trial court erred in ordering his sentences from the two cases to be "stacked," that is, served consecutively rather than concurrently. Since the briefs and arguments raised therein are identical in each appeal, for the reasons stated in Jackson v. State, No. 06-04-00051-CR, we reform the judgment in cause number 29,269-B from the 124th Judicial District Court in Gregg County to delete the cumulation order and, as reformed, affirm the trial court's judgment.

Josh R. Morriss, III

Chief Justice

Date Submitted: January 12, 2005

Date Decided: February 9, 2005

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