Billy Wayne Walls v. State

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00010-CR

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BILLY WAYNE WALLS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 102nd Judicial District Court

Red River County, Texas

Trial Court No. 002-CR-00009

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

              In May 2002, Billy Wayne Walls pled guilty to burglary of a habitation and was placed on deferred community supervision pursuant to a negotiated plea agreement. See Tex. Pen. Code Ann. § 30.02(a)(1) (Vernon 2003). The indictment alleged Walls had two prior, sequential felony convictions, thereby raising the punishment range in each case to no fewer than twenty-five years nor more than ninety-nine years, or life imprisonment. See Tex. Pen. Code Ann. § 12.42(d) (Vernon Supp. 2004); § 30.02(c)(2) (Vernon 2003).

            In September 2002, the trial court adjudicated Walls' guilt and sentenced him to life imprisonment, with his sentence to be served consecutive to his sentence for an Oklahoma conviction. The same day, Walls was sentenced to life imprisonment in another case, which is now on appeal before this Court in cause number 06-04-00009-CR. Both cases were appealed separately, but the briefs in each are substantively identical.

            Since the briefs and arguments raised therein are identical in each appeal, for the reasons stated in Walls v. State, No. 06-04-00009-CR, we likewise reform the trial court's judgment, and as reformed, we affirm.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          June 15, 2004

Date Decided:             June 29, 2004

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