Smith v. State

OPINION

CANNON, Justice.

Appellant challenges the trial court’s judgment revoking his probation and contends that the court erred in cumulating his sentences. We hold that the trial court erred, and reform the sentence and affirm the judgment.

In 1984, appellant was indicted on two counts of aggravated robbery. In exchange for appellant’s guilty plea, the State reduced both counts to aggravated assault. The trial court found appellant guilty in both counts, and assessed punishment in count one at ten years confinement, probated, plus a $2000 fine, and in count two at ten years confinement.

In…