James H. Smith, Jr. v. State

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00092-CR

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JAMES H. SMITH, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the County Court at Law

Harrison County, Texas

Trial Court No. 2000-0177

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

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

            James H. Smith, Jr., appeals the trial court's decision to revoke Smith's community supervision and sentence him to 180 days' confinement in jail for the misdemeanor offense of theft of property valued at more than $50.00 but less than $500.00. Smith's community supervision was also revoked for a case in which Smith was charged with criminal trespass. The trial court heard both cases simultaneously, revoked Smith's community supervision in both cases, and ordered Smith's sentences of 180 days' confinement in each case to be served concurrently. Smith timely perfected appeal in both cases and, though the parties have briefed the cases separately, address the same single issue in each appeal.

            Since the briefs and arguments raised therein are identical in each appeal, for the reasons stated in Smith v. State, No. 06-03-00091-CR (Tex. App.‒Texarkana Nov. 7, 2003, no pet. h.), we likewise resolve the issues in this appeal in favor of Smith.

            We reverse the trial court's judgment and remand with directions to the trial court to dismiss the State's motion to revoke Smith's community supervision.

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          November 6, 2003

Date Decided:             November 7, 2003

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