Jorge Tomas Pina-Salazar v. the State of Texas ( 2022 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-22-00021-CR
JORGE TOMAS PINA-SALAZAR, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 102nd District Court
Bowie County, Texas
Trial Court No. 21F0385-102
Before Morriss, C.J., Stevens and van Cleef, JJ.
Memorandum Opinion by Justice van Cleef
MEMORANDUM OPINION
Jorge Tomas Pina-Salazar appeals his conviction for indecency with a child by contact.1
He claims that the trial court’s judgment does not correctly reflect the sentence orally pronounced
by the court at trial. Upon review of the record, we find no discrepancy in the trial court’s oral
and written judgments. We overrule Pina-Salazar’s point of error and affirm the trial court’s
judgment and sentence.
Pina-Salazar was tried on five indictments in one trial.2 A detailed recitation of the
evidence is not necessary. A Bowie County jury found Pina-Salazar guilty on all indictments, and
recommended sentences for each. Per the jury’s recommendations, the trial court assessed the
following sentences:
• 06-22-00019-CR: fifty years’ imprisonment
• 06-22-00020-CR: twenty years’ imprisonment
• 06-22-00021-CR (the instant conviction): twenty years’ imprisonment
• 06-22-00022-CR: twenty years’ imprisonment
• 06-22-00023-CR: twenty years’ confinement
The court then declared, “With regards to consecutive or concurrent, the Court is going to run [06-22-
00020-CR], [06-22-00021-CR], and [06-22-00022-CR], those cases will run concurrent but they
will run consecutive to [06-22-00019-CR]. And then Cause Number [06-22-00023-CR] will run
1
See TEX. PENAL CODE ANN. § 21.11.
2
We address Pina-Salazar’s appeals of the other four cases in our opinions in cause numbers 06-22-00019-CR, 06-22-
00020-CR, 06-22-00022-CR, and 06-22-00023-CR. Each of those convictions were for separate acts of sexual abuse
of various children.
2
consecutive to those two prior sentences.”3 Pina-Salazar lodged no objection to the trial court’s
sentences. The subsequent, written judgment in this case states, “Punishment and Place of
Confinement: TWENTY (20) YEARS TEXAS DEPARTMENT OF CRIMINAL JUSTICE
INSTITUTIONAL DIVISION; TO RUN CONCURRENTLY WITH [06-22-00020-CR], AND
[06-22-00022-CR] BUT TO RUN CONSECUTIVELY WITH [06-22-00019-CR] AND [06-22-
00023-CR].” This comports with the trial court’s oral pronouncement.
Our opinion in cause number 06-22-00019-CR addresses Pina-Salazar’s appellate
complaint and explains why we overruled it. The reasoning in that opinion also addresses Pina-
Salazar’s complaint about the judgment in this case. The judgment in this case is correct.
For the reason explained in our opinion in cause number 06-22-00019-CR, we overrule
appellant’s point of error and affirm the judgment.
Charles van Cleef
Justice
Date Submitted: August 30, 2022
Date Decided: October 12, 2022
Do Not Publish
3
We substituted this Court’s cause numbers for the trial court cause numbers, recited by the trial court, for clarity.
3