Christopher Manning v. The State of Texas--Appeal from 71st District Court of Harrison County

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00142-CR ______________________________ CHRISTOPHER DERRION MANNING, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 71st Judicial District Court Harrison County, Texas Trial Court No. 08-0423X Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Christopher Derrion Manning1 entered a plea of no contest to the charge of possession of a firearm at a prohibited place, was tried by the court, convicted and sentenced to five years' imprisonment in the Institutional Division of the Texas Department of Criminal Justice.2 See TEX . PENAL CODE ANN . ยง 46.03(a)(1) (Vernon Supp. 2009). In a companion appeal, cause number 06-09-00141-CR, also before this Court, Manning appeals his conviction for aggravated assault with a deadly weapon. In that case, Manning was sentenced to nine years' imprisonment. The sentences are to run concurrently. In cause number 0609-00141-CR, Manning raises the same issue as he does in this appeal, that the trial court erred in failing to sua sponte conduct an informal inquiry into his competence at the time it accepted his plea and at the time of Manning's punishment hearing two months later. 1 We have before us three companion appeals involving the same appellant. His name is spelled differently in each indictment and trial court judgment. Therefore, in each opinion, we have used the spelling used by the trial court in those documents. 2 Manning also entered no contest pleas to two additional indictments alleging aggravated assault with a deadly weapon and debit card abuse. Manning was found guilty on both charges. Competency issues with respect to these cases are the subject of separate appeals. 2 Because the issues raised in each appeal are identical, for the reasons stated in our opinion dated this day in Manning v. State, cause number 06-09-00141-CR, we affirm the judgment of the trial court. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: November 3, 2009 November 12, 2009 Do Not Publish 3

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