Opinion
No. 06-05-00054-CR
Submitted: October 28, 2005.
Decided: November 4, 2005. DO NOT PUBLISH.
On Appeal from the 188th Judicial District Court, Gregg County, Texas, Trial Court No. 32,340-A.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Billie Jo Rivers pled guilty to charges of delivery of more than 28 grams but less than 200 grams of a controlled substance and elected to have a jury assess punishment. On January 25, 2005, the jury found Rivers guilty and assessed a punishment of seventeen years' imprisonment and a $1,000.00 fine. Rivers now appeals the sentence imposed for this conviction. She contends the sentence imposed is disproportionate to her offense. For reasons described in companion case Rivers v. State, cause number 06-05-00053-CR and set forth below, we affirm.
Sentence Not Excessive or Disproportionate to Offense
Rivers was convicted of delivery of more than 28 grams but less than 200 grams of a penalty group three controlled substance. Delivery of this amount of a penalty group three controlled substance is a second-degree felony, carrying a sentencing range of between two and twenty years and a fine of up to $10,000.00. Tex. Health Safety Code Ann. § 481.114(c) (Vernon 2003); Tex. Pen. Code Ann. § 12.33 (Vernon 2003). Rivers brings forth the same arguments regarding this conviction as she did in cause number 06-05-00053-CR. For the same reasons, we conclude the sentence imposed here was not grossly disproportionate to the offense committed. See Jackson v. State, 989 S.W.2d 842, 846 (Tex.App.-Texarkana 1999, no pet.). We add that, not only does this transaction involve a greater amount of prescription medication, the record also shows that this second drug transaction took place in the presence of children who Rivers identified as her great-nephews. Considering the record in this case, we cannot say the seventeen-year sentence was grossly disproportionate to the gravity of the crime. We overrule Rivers' sole point of error and affirm the trial court's judgment.The indictment and judgment both spell Rivers' middle name "Joe." However, we note that, where she has signed her name, it is signed "Jo."
In trial court cause number 32,338-A, Rivers pled guilty to delivery of a controlled substance in an amount of less than twenty-eight grams, a state-jail felony for which she received a two-year sentence and a $1,000.00 fine. She also appealed that sentence in appellate court cause number 06-05-00053-CR.