James Eddie Porch v. The State of Texas--Appeal from 159th District Court of Angelina County

State: Texas

Court: Texas Northern District Court

Docket No: 12-07-00377-CR

Case Date: 11/30/2007

Plaintiff: James Eddie Porch

Defendant: The State of Texas--Appeal from 159th District Court of Angelina County

Preview:Ernest Derrail Horton v. The State of Texas--Appeal from 104th District Court of Taylor County
Opinion filed June 22, 2006 Opinion filed June 22, 2006 In The Eleventh Court of Appeals ____________ No. 11-05-00317-CR __________ ERNEST DERRAIL HORTON, Appellant V. STATE OF TEXAS, Appellee On Appeal from the 104th District Court Taylor County, Texas Trial Court Cause No. 15,151-B OPINION The jury convicted Ernest Derrail Horton of possession of cocaine with the intent to deliver, and the trial court assessed his punishment at confinement for fifteen years. Appellant was indicted in a multi-count indictment, and two judgments were inadvertently entered. We vacate one judgment and affirm the other.

The grand jury returned a two-count indictment. The second count alleged that appellant committed the offense of possession of cocaine on April 27, 2004. The first alleged that, on April 27, 2004, appellant committed the offense of possession of cocaine with the intend to deliver. It is undisputed that each offense involved the same facts. The jury convicted appellant of possession with the intent to deliver. However, judgments were entered convicting appellant of both possession and possession with the intent to deliver. In his sole issue on appeal, appellant contends that the judgment convicting him of possession should be vacated. Both the State and the trial court agree. We also agree. The issue is sustained. The June 16, 2005, judgment convicting appellant of possession of cocaine and sentencing him to confinement for ten years is vacated. The June 16, 2005, judgment convicting appellant of possession of cocaine with the intent to deliver is affirmed. PER CURIAM June 22, 2006

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Do not publish. See Tex. R. App. P. 47.2(b). Panel consists of: Wright, C.J., and McCall, J., and Strange, J.

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