Terry Fielder, Appellant v. The State of Texas, Appellee (2014)

ORDER OF SEVERANCE

On June 16, 2011, pursuant to a single, three-count indictment in cause number 11–02991–CRF–361, Appellant, Terry Fielder, was charged with aggravated robbery, with each count alleged to have occurred on or about April 10, 2011.   The trial court entered three separate judgments—assessing thirty year sentences ordered to run concurrently.   The judgment entered as to Count I contains an assessment of court costs and restitution, whereas the judgments entered as to Counts II and III contain only an assessment of court costs.   Appellant filed a single notice of appeal “from judgment rendered against him.”

Because this appeal involves three separate judgments, for purposes of clarity, we sua sponte sever this appeal into separate cause numbers, one as to each judgment.   Henceforth, the appeal of the judgment entered as to Count I will bear appellate Cause Number 07–13–00353–CR, whereas the appeal of the judgment entered as to Count II will bear appellate Cause Number 07–14–00423–CR, and the judgment entered as to Count III will bear appellate Cause Number 07–14–00424–CR.   All filings, specifically including the Clerk's Record, Reporter's Record and all briefing filed in Cause Number 07–13–00353–CR shall be considered as being filed in the companion cases.

It is so ordered.

Per Curiam