A couple things come to mind.
A citrus plant/tree of some sort or a variety of a Hawthorn.

I'm probably waaaaaaayyyyyyy out there on those two, but I'm pretty positive I've seen something like this in a local nursery here in Austin.

Bryan

Thanks for the suggestions Beacivil. It looks familiar to me too, but I can't place it. I went ahead and put the photos on the 'Name That Plant' forum so we'll see what they come up with.

Someone else suggested Hawthorn on the Name That Plant Forum, but it's such a large family of plants it was hard to search for it.

But I think Saltcedar nailed it;

"Xylosma congestum?

Shiny Xylosma(Xylosma congestum): http://jeju.us/?p=529

saltcedar"

Other sites said it is sold in nurseries as an evergreen hedge plant, has flowers that attract bees, and berry's for wildlife. I guess a seed was in some nursery pot soil. It came up near where I planted an oriental persimmon from Fanick's Nursery.

It sounds like an interesting plant so I'll keep it :-)

Here is a link that might be useful: Saltcedar's link to Xylosma congestum

I have that tree. It is the small tree in the corner bed of the sidewalk and driveway. The tag was lost and all I could remember was it was Chinese something. It was tree form when we bought it at the Garden Center
It is about 10 ft. tall now.

Here is a link that might be useful: about Xylosma congestum

Wow -- interesting! So maybe that's where I got it! A seed was in something you gave me. Tree form ... hmmm. Sounds like I'd like that the best. I can't wait to see yours to decide where to place it eventually. Maybe you could take a picture?

I knew I had seen it somewhere!- Was looking at this book (see link) while at a nursery. It's in the Small Tree/Large Shrub category.

I have also seen it downtown at the Austin Development Assistance Center in their Grow Green Book/Article section.

Here is a link that might be useful: Texas AgriLife Extension Austin Grow Green's Native and Adapted Landscape Plants

That's what Diane thought of when I told her. Maybe it did come from here.
Here's you pic.
Guess it is taller than I remembered. We bought it so there would be something green in the winter. It was a 5 gallon pot bought Jan. 2008.

The rev D'Or rose and beautyberry are near the sidewalk.

Plantmaven,
Do they lose the thorns as they grow or keep them?

What a beautifully shaped little multitrunked tree! And evergreen to boot. Thanks for the photo!!!

Ewes welcome.

Beacivil1, it seems that the thorns are on small branches and not large limbs or the trunk. It is raining and lightening, so I am not going out to look. lol

Off the subject, but we're getting a nice shower here too. It's been rumbling all day and finally decided to rain.

Nice tree, but I would much rather have some of your rain.