George Wells a/k/a George Alexander Wells a/k/a George A. Wells v. The State of Texas--Appeal from 252nd District Court of Jefferson County

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State: Texas

Court: Texas Northern District Court

Docket No: 09-10-00237-CR

Case Date: 09/22/2010

Plaintiff: George Wells a/k/a George Alexander Wells a/k/a George A. Wells

Defendant: The State of Texas--Appeal from 252nd District Court of Jefferson County

Preview:In The

Court of Appeals Ninth District of Texas at Beaumont ____________________
NO. 09-10-00236-CR NO. 09-10-00237-CR

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GEORGE WELLS a/k/a GEORGE ALEXANDER WELLS a/k/a GEORGE A. WELLS, Appellant V. THE STATE OF TEXAS, Appellee ____________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause Nos. 08-03594, 08-04165 ____________________________________________________________________ MEMORANDUM OPINION Appellant George Wells a/k/a George Alexander Wells a/k/a George A. Wells appeals the trial courts judgments revoking his community supervision and imposing sentence. In his sole appellate issue in each case, Wells contends the trial court erred by ordering his sentences to run consecutively. We affirm the trial courts judgments. Pursuant to plea bargain agreements, Wells pled guilty to two charges of felony theft. In each case, the trial court found the evidence sufficient to find Wells guilty, but deferred further proceedings, placed Wells on community supervision for four years, and 1

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assessed a fine of $500.

The State subsequently filed a motion to revoke Wellss

community supervision in both cases. In each case, Wells pled "true" to four violations of the conditions of his community supervision. In both cases, the trial court found that Wells violated the conditions of his community supervision, found Wells guilty of felony theft, and assessed punishment at two years of confinement in a state jail facility. The trial court ordered that Wellss sentence in trial cause number 08-04165 was to run consecutively to his sentence in cause number 08-03594. Wells then filed these appeals. In his sole appellate issue in each case, Wells asserts that the trial court erred by ordering that his sentence in cause number 08-04165 run consecutively to his sentence in cause number 08-03594, because his offenses arose from the same criminal episode and were tried in a single proceeding. Section 42.08 of the Code of Criminal Procedure grants the trial court authority to order sentences to run consecutively or concurrently. TEX. CODE CRIM. PROC. ANN. art. 42.08 (Vernon Supp. 2009). However, the trial courts discretion is limited by section 3.03(a) of the Penal Code, which provides as follows: "When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which he has been found guilty shall be pronounced. Except as provided by Subsection (b), the sentences shall run concurrently."1 TEX. PEN. CODE ANN.

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