Don Marshall Horton v. The State of Texas--Appeal from 78th District Court of Wichita County

IN THE

TENTH COURT OF APPEALS

No. 10-05-00031-CR

Don Marshall Horton,

Appellant

v.

The State of Texas,

Appellee

From the 78th District Court

Wichita County, Texas

Trial Court No. 41,587-B

MEMORANDUM Opinion

Horton appeals his three convictions, each for the manufacture of over 400 grams of methamphetamine. See Tex. Health & Safety Code Ann. 481.112(a), (f) (Vernon 2003); see also id. 481.102(6) (Vernon Supp. 2004-2005). We affirm.

In Horton s one issue, he contends that the trial court erred in answering a jury question to the effect that Horton s sentences would run concurrently. The trial court does not err in giving such an instruction. McGowan v. State, 664 S.W.2d 355, 358-59 (Tex. Crim. App. 1984); Haliburton v. State, 578 S.W.2d 726 (Tex. Crim. App. [Panel Op.] 1979); Dickson v. State, 986 S.W.2d 799, 804 (Tex. App. Waco 1999, no pet.); Strong v. State, 138 S.W.3d 546, 557 (Tex. App. Corpus Christi 2004, no pet.). Horton urges us to depart from Haliburton; we again decline to do so. See Dickson at 804. We overrule Horton s issue.

Having overruled Horton s sole issue, we affirm.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Affirmed

Opinion delivered and filed October 12, 2005

Do not publish

[CRPM]