Derrick v. State

In Derrick v. State, 223 S.W.3d 501, 502 (Tex. App.--Amarillo 2006, no pet.), the Amarillo court of appeals found no abuse of discretion where the trial court cumulated federal and state sentences. Id. at 502-03. The court explained: "During a conference in open court prior to formal sentencing, the trial court, prosecutor, and defense counsel discussed whether the Texas sentence should run consecutively to the Colorado federal sentences. At that time, no one, including appellant, questioned whether appellant was the subject of those convictions and sentences. Instead, appellant asked that they be ordered to run concurrently with his Texas sentence." Id. The court also noted: "Furthermore, the trial court was handed the case number, style, and sentence involved in the Colorado federal prosecutions. Then, it read that specific information into the reporter's record when pronouncing sentence, again without objection by anyone." Id. at 503.