Harold Johnson v. The State of Texas--Appeal from 188th District Court of Gregg County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00182-CR

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HAROLD BERNARD JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 188th Judicial District Court

Gregg County, Texas

Trial Court No. 31,938-A

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

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Harold Bernard Johnson appeals from two convictions on his open plea of guilty to the offense of bail jumping. In each conviction, he was sentenced to seven years' imprisonment, to be served concurrently. A single punishment hearing was held on both convictions, and the same contention of error is raised in both appeals.

Johnson contends in a single point of error that the trial court erred by considering unadjudicated offenses in determining the length of his sentence. His complaint is based on the fact that the presentence investigation (PSI) report which was presented to the court contained Johnson's "criminal history," including several felony arrests that had not resulted in convictions, and thirteen misdemeanor arrests.

Since the briefs and arguments raised therein are identical in both appeals, for the reasons stated in Johnson v. State, cause number 06-05-00181-CR, we likewise resolve the issue in this appeal in favor of the State.

We affirm the judgment.

Donald R. Ross

Justice

Date Submitted: February 2, 2006

Date Decided: March 21, 2006

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