William Allen Cooper v. State ( 2010 )

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-10-00084-CR

                                                ______________________________

                                WILLIAM ALLEN COOPER, Appellant

                                                                V.

                                     THE STATE OF TEXAS, Appellee

                                      On Appeal from the 102nd Judicial District Court

                                                          Red River County, Texas

                                                          Trial Court No. CR01520

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                        Memorandum Opinion by Chief Justice Morriss

                                                      MEMORANDUM OPINION

            William Allen Cooper appeals from his conviction by a jury for improper photography or visual recording.  He was sentenced to two years in state jail and a $10,000.00 fine.

            Cooper was tried on two counts in a single proceeding and is facing two convictions, resulting in two separate appeals.  A common brief was filed raising the same issues in both cases.

            Cooper raises several issues, including a Batson^[1] claim, issues about the unsupported assessment of costs, issues concerning harm caused by improperly admitted evidence and an improper opening statement by the State, and the sufficiency of the evidence to support his conviction. Because the evidentiary contention disposes of the appeal, we need not address the remaining issues. 

            We addressed the sufficiency of the evidence to support the conviction in detail in our opinion of this date on Cooper’s appeal in cause number 06-10-00083-CR.  For the reasons stated therein, we likewise conclude that the evidence is insufficient to support this conviction.

            We reverse the conviction and render a judgment of acquittal.

                                                                        Josh R. Morriss, III

                                                                        Chief Justice

Date Submitted:          October 20, 2010       

Date Decided:             November 16, 2010

Do Not Publish          

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^[1]Batson v. Kentucky, 476 U.S. 79 (1986).