Tom Francis Swanson v. State
Tom Francis Swanson v. State
Opinion
IN THE
TENTH COURT OF APPEALS
No. 10-07-00125-CR
Tom Francis Swanson,
Appellant
v.
The State of Texas,
Appellee
From the 77th District Court
Limestone County, Texas
Trial Court No. 10543-A
MEMORANDUM Opinion
Tom Francis Swanson was adjudicated guilty of robbery and filed a notice of appeal. He now has filed a motion to dismiss his appeal, and both Swanson and his attorney have signed the motion. See Tex. R. App. P. 42.2(a).
The appeal is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed June 27, 2007
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[CR25]
analysis. See Tex.R.App.P. 81(b)(2).
A jury found Appellant guilty of aggravated possession with intent to deliver a controlled substance: cocaine, and assessed his punishment at twenty years in prison and a $50,000 fine. See Tex. Health & Safety Code Ann. sec. 481.112(d) (Vernon 1991).
During the punishment phase, evidence was admitted concerning an unadjudicated offense relating to the possession of cocaine in the amount of 245 grams. This alleged offense occurred approximately five months after his arrest in this case. Based on the record as a whole, we cannot determine beyond a reasonable doubt that the admission of this unadjudicated offense at the punishment phase did not contribute to the Appellant's twenty-year sentence and the maximum fine, $50,000. See Tex.R.App.P. 80(b)(2).
Accordingly, we deny the State's motion for a rehearing.
BOBBY L. CUMMINGS
Justice
Before Chief Justice Thomas,
Justice Cummings and
Justice Vance
Rehearing denied
Opinion delivered and filed November 6, 1991
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