Thomas Earl Nard v. The State of Texas Appeal from 5th District Court of Cass County (memorandum opinion)
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-16-00123-CR THOMAS EARL NARD, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 5th District Court Cass County, Texas Trial Court No. 2015-F-00295 Before Morriss, C.J., Moseley and Burgess, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Thomas Earl Nard appeals his conviction for deadly conduct. In one trial, Nard faced two indictments. One charged deadly conduct (addressed in this appeal), and the other charged aggravated assault with a deadly weapon.1 A Cass County jury convicted Nard on both charges. Nard’s appeal of the deadly conduct conviction claims fundamental error where the clerk’s record does not include the master jury venire lists or the lists with each party’s peremptory strikes and insufficient evidence to prove Nard is the person convicted in prior judgments offered to enhance the range of punishment. These same points are raised in Nard’s appeal of his aggravated assault conviction. We address those claims in our opinion in that case; our reasoning and conclusions there are dispositive of Nard’s allegations of error in the instant appeal. For the reasons explained in our opinion in cause number 06-16-00124-CR, we overrule Nard’s points of error in this case. We affirm the trial court’s judgment and sentence. Bailey C. Moseley Justice Date Submitted: Date Decided: March 2, 2017 May 19, 2017 Do Not Publish 1 We address the appeal of the aggravated assault conviction in our opinion in cause number 06-16-00124-CR, issued on even date herewith. 2
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