Shipp v. State
The trial court should have ordered the defendant's sentences for
possession of a controlled substance in a drug-free zone (60 years'
imprisonment), forgery of a government instrument (25 years), and
forgery of a commercial instrument (20 years and a $10,000 fine) to run
concurrently. The original sentencing was based on Health and Safety Code ยง481.134(h).
Because the court of appeals found that the evidence was legally
insufficient to sustain the jury's verdict that the defendant possessed
an illegal substance within 1,000 feet of a school zone, the statute's
prohibition against concurrent sentences does not apply.
