Elzie Lilly, III. v. The State of Texas--Appeal from 124th District Court of Gregg County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00158-CR

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ELZIE LILLY, III, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 30143-B

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

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Elzie Lilly, III, appeals from his conviction, on his plea of guilty without a plea agreement, to the offense of delivery of cocaine in an amount between one and four grams. A jury assessed his punishment at nine years' imprisonment. Lilly also has a pending appeal in a companion case, in which he pled guilty to delivery of cocaine in an amount less than one gram. In that case, he was sentenced to 180 days' confinement in a state jail facility. The two cases were tried together, and he has raised the same contention of error, supported by the same arguments, in each appeal.

In his single contention of error, Lilly argues he received ineffective assistance of counsel at trial. For the reasons stated in our opinion in cause number 06-03-00157-CR, decided this date, we likewise find his contention in this appeal to be without merit.

We affirm the judgment.

Donald R. Ross

Justice

Date Submitted: December 5, 2003

Date Decided: December 8, 2003

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