Horton v. State

Full title: DON MARSHALL HORTON, Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Oct 12, 2005

No. 10-05-00031-CR (Tex. App. Oct. 12, 2005)

Opinion

No. 10-05-00031-CR

Opinion delivered and filed October 12, 2005. DO NOT PUBLISH.

Appeal from the 78th District Court, Wichita County, Texas, Trial Court No. 41,587-B. Affirmed.

Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.

MEMORANDUM OPINION

TOM GRAY, Chief Justice.

Horton appeals his three convictions, each for the manufacture of over 400 grams of methamphetamine. See TEX. HEALTH SAFETY CODE ANN. § 481.112(a), (f) (Vernon 2003); see also id. § 481.102(6) (Vernon Supp. 2004-2005). We affirm. In Horton's one issue, he contends that the trial court erred in answering a jury question to the effect that Horton's sentences would run concurrently. The trial court does not err in giving such an instruction. McGowan v. State, 664 S.W.2d 355, 358-59 (Tex.Crim.App. 1984); Haliburton v. State, 578 S.W.2d 726 (Tex.Crim.App. [Panel Op.] 1979); Dickson v. State, 986 S.W.2d 799, 804 (Tex.App.-Waco 1999, no pet.); Strong v. State, 138 S.W.3d 546, 557 (Tex.App.-Corpus Christi 2004, no pet.). Horton urges us to depart from Haliburton; we again decline to do so. See Dickson at 804. We overrule Horton's issue. Having overruled Horton's sole issue, we affirm.