Roy David Allen, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 11, 2025
• Docket: 06-24-00091-CR
• Status: Published

Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-24-00091-CR

ROY DAVID ALLEN, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 5th District Court Cass County, Texas Trial Court No. 2023F00057

Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice van Cleef MEMORANDUM OPINION

After Roy David Allen, Jr., pled guilty to the offense of attempted tampering with

evidence, a Cass County jury assessed a sentence of twenty-four months’ imprisonment. See

TEX. PENAL CODE ANN. § 15.01(a), § 37.09(c) (Supp.). In our cause number 06-24-00090-CR,

Allen also appeals from a conviction of possession of a controlled substance, resulting in a

sentence of thirty-five years’ confinement in prison. See TEX. HEALTH & SAFETY CODE ANN.

§ 481.115(d) (Supp.). These two cases were disposed of in the same trial court proceeding.

On appeal, Allen has filed a single, consolidated brief raising one issue. Allen argues that

when the jury assessed his sentences, it did not give “proper weight” to the mitigation evidence

he presented during the punishment phase. We addressed that issue in detail in our opinion of

this same date in Allen’s appeal in cause number 06-24-00090-CR. For the reasons stated

therein, we likewise find no error in this case.

We affirm the trial court’s judgment.

Charles van Cleef Justice

Date Submitted: February 7, 2025 Date Decided: April 11, 2025

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