Michael Marion Allen, Sr. v. State of Texas ( 2002 )

  















In The Court of Appeals Sixth Appellate District of Texas at Texarkana

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No. 06-01-00102-CR ______________________________



MICHAEL MARION ALLEN, SR., Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 402nd Judicial District Court Wood County, Texas Trial Court No. 16,607-2001

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Before Cornelius, C.J., Grant and Ross, JJ. Opinion by Justice Grant

O P I N I O N

Michael Marion Allen, Sr. was indicted on five charges of aggravated kidnapping, ⁽¹⁾ two charges of aggravated assault with a deadly weapon, ⁽²⁾ and one charge of felon in possession of firearms. ⁽³⁾ By agreement between the State and Allen, all cases were consolidated for purposes of trial, and in a single hearing, Allen waived formal reading of the indictments on all charges and pleaded guilty to all charges and enhancements thereto, and the trial court found him guilty on each cause.

Allen elected to have the jury decide his punishment. The jury returned a verdict assessing punishment at seventy-five years' imprisonment. The trial court sentenced Allen in accordance with the jury's verdict. Sentences on all causes were to run concurrently. Allen filed a timely Notice of Appeal.

Allen raises two issues on appeal: 1) that the trial court committed reversible error in failing to sustain his challenge for cause to a prospective juror and 2) that the trial court committed reversible error in excluding evidence favorable to him at punishment. One brief was filed by each party for this case and all companion cases, raising the same issues in each case.

Disposition

We have reviewed both briefs and all the arguments raised therein in our opinion issued this date in Michael Marion Allen, Sr. v. State of Texas, No. 06-01-00096-CR.

For the reasons stated in that opinion, we affirm the judgment.

Ben Z. Grant

Justice

Date Submitted: April 22, 2002

Date Decided: May 21, 2002

Do Not Publish

1. Nos. 06-01-00096-CR (Trial Court No. 16,597-2001); 06-01-00097-CR (Trial Court No. 16,598-2001); 06-01-00099-CR (Trial Court No. 16,601-2001); 06-01-00100-CR (Trial Court No. 16,602-2001); 06-01-00101-CR (Trial Court No. 16,603-2001).

2. Nos. 06-01-00102-CR (Trial Court No. 16,607-2001); 06-01-00103-CR (Trial Court No. 16,608-2001).

3. No. 06-01-00098-CR (Trial Court No. 16,599-2001).