William Allen Cooper v. The State of Texas--Appeal from 102nd District Court of Red River County

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-10-00084-CR ______________________________ WILLIAM ALLEN COOPER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 102nd Judicial District Court Red River County, Texas Trial Court No. CR01520 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION William Allen Cooper appeals from his conviction by a jury for improper photography or visual recording. He was sentenced to two years in state jail and a $10,000.00 fine. Cooper was tried on two counts in a single proceeding and is facing two convictions, resulting in two separate appeals. A common brief was filed raising the same issues in both cases. Cooper raises several issues, including a Batson 1 claim, issues about the unsupported assessment of costs, issues concerning harm caused by improperly admitted evidence and an improper opening statement by the State, and the sufficiency of the evidence to support his conviction. Because the evidentiary contention disposes of the appeal, we need not address the remaining issues. We addressed the sufficiency of the evidence to support the conviction in detail in our opinion of this date on Cooper s appeal in cause number 06-10-00083-CR. For the reasons stated therein, we likewise conclude that the evidence is insufficient to support this conviction. We reverse the conviction and render a judgment of acquittal. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: 1 October 20, 2010 November 16, 2010 Batson v. Kentucky, 476 U.S. 79 (1986). 2 Do Not Publish 3

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