Jonathan Paul Desoto v. State

NUMBER 13-04-025-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ___________________________________________________________________ JONATHAN PAUL DESOTO, Appellant, v. THE STATE OF TEXAS, Appellee. ___________________________________________________________________ On appeal from the 24th District Court of Calhoun County, Texas. __________________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Hinojosa and Rodriguez Memorandum Opinion by Justice Rodriguez On December 4, 2003, appellant, Jonathan Paul DeSoto, was sentenced to forty years imprisonment for aggravated robbery and ten years imprisonment for aggravated assault. The sentences were to run consecutively. In his sole point of error, appellant contends that the trial court=s pronouncement of the cumulative sentences was not sufficiently specific, and therefore the sentences should run concurrently. We affirm. It is well settled that where sentences are pronounced on the same day in the same court, a reference of one to the other by cause number only is sufficient to effect cumulation of the sentences. See Jackson v. State, 449 S.W.2d 242, 244 (Tex. Crim. App. 1969); Ex Parte Lewis, 414 S.W.2d 682, 683 (Tex. Crim. App. 1967); Ex Parte Ogletree, 328 S.W.2d 446, 447 (Tex. Crim. App. 1959). Therefore, the order of cumulation in this case, being made in the same court, entered on the same day as the sentence to which it is made cumulative, and referring to the cause number of such sentence, is deemed sufficient. Jackson, 449 S.W.2d at 244 (citing Ex parte March, 423 S.W.2d 916, 916 (1968)). Appellant=s sole point of error is overruled. Accordingly the judgment of the trial court is affirmed. NELDA V. RODRIGUEZ Justice Do not publish. Tex. R. App. P. 47.2(b). Memorandum Opinion delivered and filed this 7th day of July, 2005.