Jessie Ruiz v. State

CourtCourt of Appeals of Texas
DecidedJanuary 8, 2009
Docket06-08-00141-CR
StatusPublished

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Jessie Ruiz v. State, (Tex. Ct. App. 2009).

Opinion



In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana



______________________________



No. 06-08-00141-CR



JESSIE RUIZ, Appellant



V.



THE STATE OF TEXAS, Appellee





On Appeal from the Criminal District Court #4

Dallas County, Texas

Trial Court No. F07-24606-K





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

Memorandum Opinion by Chief Justice Morriss



MEMORANDUM OPINION



Jessie Ruiz appeals from his conviction in Dallas County (1) for attempting to take a weapon from a police officer. After pleading guilty, the jury assessed his punishment at two years' imprisonment in a state jail facility and a $2,000.00 fine. Ruiz presently has five other convictions currently on appeal before this Court. (2)

On appeal, Ruiz contends that his appointed counsel's failure to object when the State explained parole law, mentioned plea bargaining, and allegedly interjected new evidence during closing arguments in the punishment phase amounted to ineffective assistance of counsel.

We addressed this issue in detail in our opinion of this date on Ruiz's appeal in cause number 06-08-00136-CR. For the reasons stated therein, we likewise conclude that ineffective assistance of counsel has not been shown.

We affirm the judgment.



Josh R. Morriss, III

Chief Justice



Date Submitted: January 5, 2009

Date Decided: January 8, 2009



Do Not Publish

1. The conviction having been in Dallas County, this case was originally appealed to the Fifth Court of Appeals and was then transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See Tex. Gov't Code Ann. § 73.001 (Vernon 2005). We are unaware of any conflict between precedent of the Fifth Court of Appeals and that of this Court on any relevant issue. See Tex. R. App. P. 41.3.

2. Ruiz appeals from six convictions. In cause number 06-08-00136-CR, he appeals a conviction for possession of methamphetamine in an amount between four and 200 grams, with intent to deliver, for which he received twenty years' and four months' imprisonment. In cause numbers 06-08-00137-CR, 06-08-00138-CR, and 06-08-00139-CR, he appeals convictions for possession of marihuana in an amount between four ounces and five pounds, possession of less than one gram of cocaine, and evading arrest, respectively. In these three cases, Ruiz was sentenced to two years' confinement in a state jail facility, to run concurrently. Finally, Ruiz also appeals his conviction in cause number 06-08-00140-CR of possession of methamphetamine in an amount between one and four grams. Ruiz was sentenced in this case to five years' imprisonment, to run concurrently.

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                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                             No. 06-10-00106-CV

              KEITH DICKEY AND WIFE, SUZANN DICKEY, Appellants

            CHARLES E. WARE AND COLE TITLE COMPANY, Appellees

                                       On Appeal from the 336th Judicial District Court

                                                             Fannin County, Texas

                                                            Trial Court No. 37473

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

                                            Memorandum Opinion by Justice Moseley


                                                     MEMORANDUM  OPINION

            Keith Dickey and Suzann Dickey, the appellants in this case, have filed a motion seeking to dismiss their appeal.  Pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure, their motion is granted.  Tex. R. App. P. 42.1.

            We dismiss the appeal.

                                                                        Bailey C. Moseley

                                                                        Justice

Date Submitted:          March 14, 2011

Date Decided:             March 15, 2011

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§ 73.001
Texas GV § 73.001

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