James Alba v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED NOVEMBER 7, 2014

NO. 03-13-00345-CR

James Alba, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 424TH DISTRICT COURT OF BLANCO COUNTY BEFORE CHIEF JUSTICE JONES, JUSTICES ROSE AND GOODWIN AFFIRMED; MODIFIED, AND AS MODIFIED, AFFIRMED --

OPINION BY JUSTICE GOODWIN

This is an appeal from the judgments of conviction entered by the trial court. Having reviewed the record and the parties’ arguments, the Court holds that there was no error requiring reversal in the court’s judgments of conviction for Counts Six, Seven, and Eight. Therefore, the Court affirms the trial court’s judgments of conviction for Counts Six, Seven, and Eight. However, there was error that requires correction in the judgments of conviction for Counts One, Two, Three, Four, and Five. Therefore, the Court modifies the trial court’s judgments of conviction for Counts One, Two, Three, Four, and Five as follows: to delete “CONSECUTIVELY” and instead reflect that the sentence shall run “CONCURRENTLY” and to delete the cumulation order. The judgments, as modified, are affirmed. Because appellant is indigent and unable to pay costs, no adjudication of costs is made.