Ex parte Baird
| Decision Date | 11 January 1950 |
| Docket Number | No. 24691,24691 |
| Citation | 154 Tex.Crim. 109,225 S.W.2d 845 |
| Parties | Ex parte BAIRD. |
| Court | Texas Court of Criminal Appeals |
John Mathis, Houston, for appellant. George P. Blackburn, State's Atty., of Austin, for the State.
This is an original application to this Court for the writ of habeas corpus, in which relator seeks his discharge from the penitentiary.
Relator was, on the 20th day of May, 1942, received into the penitentiary of this State to serve a term of ten years' imprisonment. Shortly thereafter, he was, upon a bench warrant, removed to the jail at George West, Texas, from which he effected his escape. He was soon thereafter arrested, and placed in the Bexar County jail.
When, where, or how he got into the custody of the federal authorities does not appear; he was not then returned to the penitentiary of this State.
On July 30, 1943, relator was convicted in the United States District Court for the Western District of Texas for federal offenses alleged to have been committed in 1941 and was sentenced to serve ten years in a federal prison.
On September 12, 1949, relator was conditionally released from the federal prison and delivered to the sheriff of Bowie County, Texas, and returned to the penitentiary of this State, where he is now confined and serving the sentence imposed by the court of this State by reason of which he was originally confined.
The penitentiary authorities of this State allow relator no credit upon his sentence for the time he served in the federal prison but treat him as being 'on escape and out of custody 7 years, 2 months and 26 days.'
The federal court, in passing sentence upon relator, made no reference to his state conviction, nor was the federal sentence cumulated with the state sentence.
It is relator's contention that, under the facts stated, the two sentences ran concurrently and that he is entitled to be credited upon his state sentence for the time served under the federal sentence and that with such time so credited he has, under the commutation law of this State, art. 6184l, Vernon's Revised Civil Statutes, fully served the state sentence and is now entitled to be discharged from further restraint thereunder.
Under the provisions of Art. 774, C.C.P., it has been the consistent holding of this Court that where one is convicted in two or more cases the sentences run concurrently, unless the trial court orders that the sentences run cumulative. Ex parte Whiteside, 141 Tex.Cr.R. 642, 150 S.W.2d 1022; Ex parte Davis, 71 Tex.Cr.R. 538, 160 S.W. 459.
The rule has been recognized as applicable where the convictions are in federal and state courts. Ex parte Lawson, 98 Tex.Cr.R. 544, 266 S.W. 1101; 24 C.J.S., Criminal Law, § 1996, page 1241.
The case of Ex parte Lawson, supra, appears to be in point, and here controlling.
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Ex parte Huerta
...This rule is applicable whether the other convictions are in federal and state courts or in state courts only. Ex parte Baird, 154 Tex.Cr.R. 109, 225 S.W.2d 845 (1950), overruled on other grounds. Ex parte Spears, 154 Tex.Cr.R. 112, 235 S.W.2d 917 (1951) (opinion on rehearing), 18 A.L.R.2d ......
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Ex parte Reynolds
...concurrently. Ex parte Davis, 71 Tex.Cr.R. 538, 160 S.W. 459; Ex parte Whiteside, 141 Tex.Cr.R. 642, 150 S.W.2d 1022; Ex parte Baird, 154 Tex.Cr.R. 109, 225 S.W.2d 845; 16 Tex.Jur.2d, Criminal Law, Sec. 383, p. 586.2 It appears the prosecutor's request to stack the sentences was made becaus......
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Ex parte Johnson, 29472
... ... 111] the subsequent prosecution failed to cumulate the sentence are not applicable ... Under the holdings of this Court in Ex parte Spears, 154 Tex.Cr.R. 112, 235 S.W.2d 917, 236 S.W.2d 968, 18 A.L.R.2d 507, wherein Ex parte Baird, 154 Tex.Cr.R. 109, 225 S.W.2d 845, was specifically overruled; Ex parte Drake, 151 Tex.Cr.R. 17, 205 S.W.2d 372, and Ex parte Jones, Tex.Cr.App., 214 S.W.2d 123, relator is not entitled to credit on his Texas Sentence for ... the time he was required to serve on the Federal Sentence before he ... ...
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Ex parte Spears, 25075
...in the Federal Prison System. Relator contends that the opinion of this Court on motion for rehearing not only overruled the holding in the Baird case, Ex parte Baird, Tex.Cr.App., 225 S.W.2d 845, which was expressly done by said opinion, but also the holdings of this Court in Ex parte Newt......