Concurring Opinion by Justice Ross

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*Ben Z. Grant, Justice, Retired, Sitting By Assignment

Clifford William Graham was convicted in a single trial, on his plea of guilty, of two charges of arson. This appeal concerns his second conviction for arson. The causes have been appealed separately and have been briefed together.

Because the contentions raised are identical in both appeals, for the reasons stated in Graham v. State, No. 06-02-00095-CR, we likewise resolve the issues in this appeal in favor of the State.

The judgment of the trial court is affirmed.

Ben Z. Grant

Justice*

*Justice, Retired, Sitting by Assignment

CONCURRING OPINION

For the reasons stated in the concurrence to the majority opinion in cause number 06-02-00095-CR, I concur in this opinion.

Donald R. Ross

Justice

Date Submitted: October 1, 2002

Date Decided: January 10, 2003

Do Not Publish

60;                             Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          April 4, 2005

Date Decided:             April 5, 2005

Do Not Publish