Court of Civil Appeals of Texas, 2009

Tammy Carson Rogers v. State of Texas

Tammy Carson Rogers v. State of Texas
Court of Civil Appeals of Texas · Decided June 11, 2009

Tammy Carson Rogers v. State of Texas

Opinion

Opinion filed June 11, 2009

In The

Eleventh Court of Appeals ___________ Nos. 11-08-00039-CR & 11-08-00040-CR __________ TAMMY CARSON ROGERS, Appellant V. STATE OF TEXAS, Appellee

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

MEMORANDUM OPINION The trial court convicted Tammy Carson Rogers, upon her plea of guilty, of the offenses of credit card abuse1 and forgery.2 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 Cause No. 11-08-00039-CR.

Cause No. 11-08-00040-CR.

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.

JIM R. WRIGHT CHIEF JUSTICE

June 11, 2009 Do not publish. See TEX . R. APP . P. 47.2(b).

Panel consists of: Wright, C.J., McCall, J., and Strange, J.

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