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Pointer v. State
Citations: 26 S.W.3d 735; 2000 Tex. App. LEXIS 5722; 2000 WL 1205860Docket: No. 2-99-566-CR
Court: Court of Appeals of Texas; August 25, 2000; Texas; State Appellate Court
Alvin Todd Pointer appeals his conviction for robbery by threats, specifically challenging the trial court's decision to impose cumulative sentences. The jury sentenced him to 20 years of confinement, which was ordered to begin after the completion of an existing 8-year sentence for felony theft. Pointer argues that his 20-year sentence should be considered “suspended” under article 42.08 of the Texas Code of Criminal Procedure, claiming that the trial court's cumulative sentencing violated the statute's 10-year limit on suspended sentences. Article 42.08 allows for cumulative sentencing but restricts the total of suspended sentences in felony cases to 10 years. Pointer contends that since he is not currently serving the 20-year sentence, it should be treated as suspended. However, the court finds no support for this interpretation, emphasizing that article 42.08 distinguishes between imposed and suspended sentences. The court clarifies that a sentence is only suspended when a defendant is placed on community supervision, not when it is merely delayed. Since Pointer's 20-year sentence was imposed and not suspended, the trial court had the authority to cumulate the sentences. Consequently, Pointer's appeal is denied, and the trial court's judgment is affirmed.