Patricia Jean McCoy v. State

• Court: Court of Appeals of Texas
• Decided: July 2, 2002
• Docket: 06-01-00211-CR
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-01-00211-CR ______________________________

PATRICIA JEAN McCOY, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 8th Judicial District Court Franklin County, Texas Trial Court No. 7364

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Before Morriss, C.J., Grant and Ross, JJ. Opinion by Justice Ross

O P I N I O N

Patricia Jean McCoy, appellant, has filed a motion with this Court in which she seeks to dismiss her appeal. Pursuant to Tex. R. App. P. 42.2, her motion is granted.

The appeal is dismissed.

Donald R. Ross

Justice

Date Submitted: July 1, 2002

Date Decided: July 2, 2002

Do Not Publish

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                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-09-00161-CR

                                        DEVIN ERIC MIMS, Appellant

                                                                V.

                                     THE STATE OF TEXAS, Appellee

                                       On Appeal from the 124th Judicial District Court

                                                             Gregg County, Texas

                                                          Trial Court No. 38009-B

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

                                        Memorandum Opinion by Chief Justice Morriss

                                                     MEMORANDUM  OPINION

            Devin Eric Mims claims error in sentencing by the trial court on a charge of theft, a class C misdemeanor, enhanced by two prior theft convictions.  Sentence was imposed in accordance with Section 31.03(e)(4)(D) of the Texas Penal Code for a state-jail felony term of two years’ confinement.  See Tex. Penal Code Ann. § 31.03(e)(4)(D) (Vernon Supp. 2009).

            Mims complains that (1) the State impermissibly enhanced punishment with a prior theft conviction, when the same prior conviction was used to enhance punishment on a different theft charge, in violation of the Double Jeopardy Clause of the United States Constitution, the Texas Constitution, and the Texas Code of Criminal Procedure, and (2) the trial court erred in failing to consider the full range of punishment in a context that violates his due process rights and implicates the Eighth Amendment protection against cruel and unusual punishment.

            We addressed these issues in detail in our opinion of this date on Mims’ appeal in cause number 06-09-00160-CR.  For the reasons stated therein, we likewise conclude that error has not been shown in this case.

            We affirm the trial court’s judgment.

                                                                        Josh R. Morriss, III

                                                                        Chief Justice

Date Submitted:          February 16, 2010

Date Decided:             March 9, 2010