James Orion Bywater v. State

NO. 07-02-0525-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

JULY 25, 2003 ______________________________

JAMES ORION BYWATER,

Appellant v.

THE STATE OF TEXAS,

Appellee _________________________________

FROM THE 181ST DISTRICT COURT OF POTTER COUNTY; NO. 43,459-B; HON. JOHN B. BOARD, PRESIDING _______________________________

Memorandum Opinion _______________________________

Before JOHNSON, C.J., QUINN, J., and BOYD, S.J. 1

James Orion Bywater (appellant) appeals from a judgment convicting him of the unauthorized use of a motor vehicle. Via a single issue, appellant contends that the trial court erred by entering a cumulation order stacking his sentences for this offense with another levied in a cause styled State v. Bywater, No. 43,460-B. However, nothing in the judgment signed by the trial court states that the sentence levied in this cause was or is to run consecutively to, cumulative to, or in any way after the sentence levied in Cause No. 43,460-B.2 Nor does any other document in the appellate record so indicate. Thus, we cannot say that the trial court ordered that the sentence assessed in this cause was to be cumulative to (i.e. begin to run after) any other sentence and overrule appellant’s issue.

Accordingly, the judgment is affirmed.

Brian Quinn Justice Do not publish.