Eric Swartzbaugh v. State

NUMBER 13-04-067-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI B EDINBURG

ERIC SWARTZBAUGH, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 25th District Court

of Gonzales County, Texas.

M E M O R A N D U M O P I N I O N

Before Chief Justice Valdez and Justices Hinojosa and Rodriguez

Opinion by Chief Justice Valdez

The threshold issue in this case is whether a sentence announced by a trial judge may be modified and enhanced within the same day the first sentence was originally pronounced. We conclude that appellant had not begun serving his sentence at the time the trial…