Scott Gregory Hummel v. State ( 2004 )

  COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-03-357-CR

SCOTT GREGORY HUMMEL                                                    APPELLANT

V.

THE STATE OF TEXAS                                                                  STATE

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FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY

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MEMORANDUM OPINION¹

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        After pleading guilty, Appellant Scott Gregory Hummel was convicted of two counts of aggravated sexual assault of a child, and the jury assessed his punishment at twenty and thirty years’ confinement respectively in the Institutional Division of the Texas Department of Criminal Justice. The trial court sentenced him accordingly.

        In one issue, Appellant contends that the trial court erred by not listing the terms and conditions of community supervision in the jury charge.  As Appellant recognizes, this court has held otherwise.² We decline Appellant’s invitation to overrule our prior opinions. Consequently, we hold that the trial court did not err in refusing to list the terms and conditions of community supervision in the jury charge.  We overrule Appellant’s sole issue and affirm the trial court’s judgment.

                                                                  PER CURIAM

PANEL F:   DAUPHINOT, HOLMAN, and GARDNER, JJ.

DO NOT PUBLISH
Tex. R. App. P. 47.2(b)

DELIVERED: July 15, 2004

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NOTES

1. See Tex. R. App. P. 47.4.

2. See Cagle v. State, 23 S.W.3d 590, 594-95 (Tex. App.—Fort Worth 2000, pet. ref’d); McNamara v. State, 900 S.W.2d 466, 467-68 (Tex. App.—Fort Worth 1995, no pet.).