Larry E. Daugherty 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. 06-04-00120-CR

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LARRY EDWARD DAUGHERTY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 31771-B

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

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

In a single proceeding, Larry Edward Daugherty pled guilty to two offenses, and the jury assessed his punishment at life and fifteen years' imprisonment for aggravated robbery and theft of property, respectively. This appeal concerns only cause number 31,771-B, the theft offense. Daugherty's two points of error in this appeal, as well as in the appeal of cause number 31769-B, the aggravated robbery offense, asserts that the trial court erred in ordering his sentences from the two cases to be "stacked," that is, served consecutively rather than concurrently, and that the two sentences are disproportionate to the offenses. Since the briefs and arguments raised therein are identical in each appeal, for the reasons stated in Daugherty v. State, No. 06-04-00119-CR, we affirm the judgment in cause number 31,771-B.

Donald R. Ross

Justice

Date Submitted: March 15, 2005

Date Decided: March 30, 2005

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