Jane Matyastik v. State ( 1993 )

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN





NO. 3-93-172-CR AND NO. 3-93-174-CR



JANE MATYASTIK,

APPELLANT

vs.



THE STATE OF TEXAS,

APPELLEE

FROM THE COUNTY COURT OF MILAM COUNTY

NOS. 17,643 & 20,337, HONORABLE ROGER HASHEM, JUDGE PRESIDING

PER CURIAM

On appeal by trial de novo from justice court, a jury found appellant guilty of speeding and assessed punishment at a fine of $175 (cause number 3-93-172-CR). Tex. Rev. Civ. Stat. Ann. art. 6701d, §§ 166, 169B (West 1977 & Supp. 1993). The same jury also found appellant guilty of failure to appear and assessed punishment at a fine of $500 (cause number 3-93-174-CR). Tex. Penal Code Ann. § 38.11 (West 1989).

In her first point of error, appellant contends that the trial court erred by overruling her motion to sever the offenses. The State confesses error. Because this point of error presents reversible error, this Court need not address appellant's other points.

The judgments of conviction are reversed and the causes are remanded for new trial.

Before Chief Justice Carroll, Justices Aboussie and B. A. Smith

Reversed and Remanded on Both Causes

Filed: October 13, 1993

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