James Orion Bywater v. The State of Texas--Appeal from 181st District Court of Potter County
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NO. 07-02-0525-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E JULY 25, 2003 ______________________________ JAMES ORION BYWATER, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 181ST DISTRICT COURT OF POTTER COUNTY; NO. 43,459-B; HON. JOHN B. BOARD, PRESIDING _______________________________ Memorandum Opinion _______________________________ Before JOHNSON, C.J., QUINN, J., and BOYD, S.J. 1 James Orion Bywater (appellant) appeals from a judgment convicting him of the unauthorized use of a motor vehicle. Via a single issue, appellant contends that the trial court erred by entering a cumulation order stacking his sentences for this offense with another levied in a cause styled State v. Bywater, No. 43,460-B. However, nothing in the judgment signed by the trial court states that the sentence levied in this cause was or is to 1 John T. Boyd, Chief Justice (Re t.), Seventh C ourt of Appeals, sitting by assignment. Tex. Gov t Code Ann. ยง75.00 2(a)(1) (V erno n Su pp. 2003 ). run consecutively to, cumulative to, or in any way after the sentence levied in Cause No. 43,460-B.2 Nor does any other document in the appellate record so indicate. Thus, we cannot say that the trial court ordered that the sentence assessed in this cause was to be cumulative to (i.e. begin to run after) any other sentence and overrule appellant s issue. Accordingly, the judgment is affirmed. Brian Quinn Justice Do not publish. 2 Rath er, the rec ord indicate s th at th e senten ce in Cause No. 43,460-B was to be cumulative to the sentence in Cause No. 43,459-B, not vice-versa.
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