Opinion
Nos. 13-07-00540-CR, 13-07-00550-CR
Opinion delivered and filed November 6, 2008.
On appeal from the 93rd District Court of Hidalgo County, Texas.
Before Justices YAÑEZ, GARZA, and VELA. Memorandum Opinion by Justice GARZA
MEMORANDUM OPINION
On February 4, 2004, appellant, James Lee Kennemur a/k/a James Lee Cobb Kennemur, was indicted for the offense of retaliation, a third-degree felony, in appellate cause number 13-07-00540-CR.See Tex. Penal Code Ann. § 36.06(a)(1), (c) (Vernon Supp. 2008). Pursuant to a plea agreement with the State, Kennemur entered a plea of nolo contendere. The trial court deferred a finding of guilt and placed Kennemur on community supervision for five years. On March 29, 2007, Kennemur was indicted for the offense of making a terroristic threat, a third-degree felony, in appellate cause number 13-07-00550-CR.See id. § 22.07(a)(4)-(6), (e) (Vernon Supp. 2008). On March 30, 2007, the State filed a motion to adjudicate guilt, alleging that Kennemur violated several provisions of his community supervision and referencing this latest alleged offense. On June 14, 2007, Kennemur, without the benefit of a plea agreement with the State, entered a plea of guilty to the offense of making a terroristic threat and a plea of "true" to the State's motion to adjudicate guilt. The trial court found Kennemur guilty of both offenses and sentenced him to incarceration in the Texas Department of Criminal Justice-Institutional Division for a term of four years and six months with no fine. On August 26, 2008, the trial court certified Kennemur's right to appeal in both cause numbers. This appeal ensued.
Specifically, the February 4, 2004 indictment provided the following:
James Lee Kennemur . . . on or about the 15th day of August A.D., 2003, . . . in Hidalgo County, Texas, did then and there intentionally and knowingly threaten to harm another, to-wit: Maria De Lourdes Pena, by an unlawful act, to-wit: threaten to inflict bodily injury and or [sic] death to the said Maria De Lourdes Pena, in retaliation for and on account of the service of the said Maria De Lourdes Pena as a public servant.
(Emphasis in original.)
The May 29, 2007 indictment provided that:
James Lee Cobb Kennemur . . . on or about the 29th day of March A.D., 2007, . . . in Hidalgo County, Texas, did then and there threaten to commit an offense involving violence to a person or property, namely, a bomb threat, with intent to place the public or a substantial group of the public in fear of serious bodily injury.