Terry James Fielder, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: December 9, 2014
• Docket: 07-14-00424-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________

No. 07-13-00353-CR ________________________

TERRY FIELDER, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 361st District Court Brazos County, Texas Trial Court No. 11-02991-CRF-361; Honorable Steve Smith, Presiding

December 8, 2014

ORDER OF SEVERANCE Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

On June 16, 2011, pursuant to a single, three-count indictment in cause number

11-02991-CRF-361, Appellant, Terry Fielder, was charged with aggravated robbery,

with each count alleged to have occurred on or about April 10, 2011. The trial court

entered three separate judgments—assessing thirty year sentences ordered to run

concurrently. The judgment entered as to Count I contains an assessment of court

costs and restitution, whereas the judgments entered as to Counts II and III contain only an assessment of court costs. Appellant filed a single notice of appeal “from judgment

rendered against him.”

Because this appeal involves three separate judgments, for purposes of clarity,

we sua sponte sever this appeal into separate cause numbers, one as to each

judgment. Henceforth, the appeal of the judgment entered as to Count I will bear

appellate Cause Number 07-13-00353-CR, whereas the appeal of the judgment entered

as to Count II will bear appellate Cause Number 07-14-00423-CR, and the judgment

entered as to Count III will bear appellate Cause Number 07-14-00424-CR. All filings,

specifically including the Clerk’s Record, Reporter’s Record and all briefing filed in

Cause Number 07-13-00353-CR shall be considered as being filed in the companion

cases.

It is so ordered.

Per Curiam