Trafton Rodgers v. State

Court of Appeals of Texas·Decided June 17, 2016·No. 07-16-00222-CR·Published

Opinion

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

No. 07-16-00222-CR ________________________

TRAFTON RODGERS, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 140th District Court Lubbock County, Texas Trial Court No. 2016-409,230; Honorable Jim Bob Darnell, Presiding

June 17, 2016

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

Following pleas of guilty, Appellant, Trafton Rodgers, was convicted by the trial

court of two separate counts of aggravated assault with an affirmative finding on use of

a deadly weapon, to wit: a firearm.1 The trial court entered two separate judgments

assessing ten-year sentences in each and suspending imposition of sentence in favor of

1 TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011). community supervision for ten years. The trial court signed two separate Trial Court’s

Certification of the Defendant’s Right to Appeal. By a single notice of appeal, Appellant

challenges his convictions.

Because this appeal involves two separate judgments, for purposes of clarity, we

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

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

appellate cause number 07-16-00222-CR, whereas the appeal of the judgment entered

as to Count II will bear appellate cause number 07-16-00223-CR. All filings, specifically

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

07-16-00222-CR shall be considered as being filed in the companion case.

It is so ordered.

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Related

§ 22.02
Texas PE § 22.02(a)(2)