Michael Speights v. The State of Texas--Appeal from 71st District Court of Harrison County
Court of Appeals
Sixth Appellate District of Texas at Texarkana
MICHAEL STANLEY SPEIGHTS, Appellant
THE STATE OF TEXAS, Appellee
On Appeal from the 71st Judicial District Court
Harrison County, Texas
Trial Court No. 05-0090X
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
Michael Stanley Speights appeals his convictions on eight counts of possession of child pornography. The trial court assessed the maximum punishment on each count, with the sentences to run consecutively. The sentences were ordered to run concurrently with sentences in a companion case in which Speights was convicted on two counts of indecency with a child by sexual conduct, one count of indecency with a child by exposure, and ten counts of promotion or production of child pornography. The total punishment assessed was 250 years.
The briefs and argument raised in Speights' sole point of error are identical to those raised in Speights' first point of error in Speights v. State, No. 06-05-00144-CR. For the reasons stated therein, we likewise resolve the issue in this appeal. Speights waived review of the issue of excessive and disproportionate punishment. Further, even if error had been preserved, the record does not contain evidence that would allow us to make a proper determination of the issue. Accordingly, we overrule Speights' sole point of error and affirm the judgment of the trial court.
Donald R. Ross
Date Submitted: September 29, 2005
Date Decided: October 27, 2005
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