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Rogers v. State

Court of Appeals of Texas, Eleventh District, Eastland
Jun 11, 2009
Nos. 11-08-00039-CR 11-08-00040-CR (Tex. App. Jun. 11, 2009)

Opinion

Nos. 11-08-00039- CR 11-08-00040-CR

Opinion filed June 11, 2009. DO NOT PUBLISH. See TEX. R. APP. P. 47.2(b).

On Appeal from the 42nd District Court Taylor County, Texas, Trial Court Cause Nos. 23022A 23147A.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.


MEMORANDUM OPINION

The trial court convicted Tammy Carson Rogers, upon her plea of guilty, of the offenses of credit card abuse and forgery. Plea bargain agreements were not reached. In each case, the trial court sentenced appellant to confinement in a state jail facility for eighteen months. We affirm. In her sole issue in each case, appellant invites this court to reconsider our decisions in Flores v. State, 936 S.W.2d 478 (Tex.App.-Eastland 1996, pet. ref'd), and Bradfield v. State, 42 S.W.3d 350 (Tex.App.-Eastland 2001, pet. ref'd), where we held that punishment assessed was not subject to a factual sufficiency review. We decline appellant's invitation. Each issue is overruled. A penalty assessed within the range of punishment established by the legislature will not be disturbed on appeal. Jackson v. State, 680 S.W.2d 809 (Tex.Crim.App. 1984); Bradfield, 42 S.W.3d at 354. The trial court assessed punishment within the range authorized. TEX. PENAL CODE ANN. §§ 12.35, 32.21, 32.31 (Vernon Supp. 2008). The judgments of the trial court are affirmed.


Summaries of

Rogers v. State

Court of Appeals of Texas, Eleventh District, Eastland
Jun 11, 2009
Nos. 11-08-00039-CR 11-08-00040-CR (Tex. App. Jun. 11, 2009)
Case details for

Rogers v. State

Case Details

Full title:TAMMY CARSON ROGERS, Appellant v. STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eleventh District, Eastland

Date published: Jun 11, 2009

Citations

Nos. 11-08-00039-CR 11-08-00040-CR (Tex. App. Jun. 11, 2009)