Ex parte Richmond, 28432
| Decision Date | 06 June 1956 |
| Docket Number | No. 28432,28432 |
| Citation | 163 Tex.Crim. 321,290 S.W.2d 909 |
| Parties | Ex parte Thomas T. RICHMOND. |
| Court | Texas Court of Criminal Appeals |
Leon B. Douglas, State's Atty., Austin, for the State.
By writ of habeas corpus, relator, a convict in the state penitentiary, seeks his discharge from further custody.
We come directly to the sole question presented, which is: the sufficiency of an order attempting to cumulate relator's sentence with another case. The order of cumulation reads as follows:
"this sentence to begin when the judgment and sentence in Cause No. 61790 has ceased to operate."
It will be noted that there is an entire absence in that order of any reference to the style of the case or to the court in which it was alleged to have been entered.
Neither the relator nor the penitentiary authorities are thereby notified as to when the judgment and the sentence there attempted to be cumulated ceased to operate. See Ex parte Hamilton, Tex.Cr.App., 290 S.W.2d 673.
Under the record before us, relator, having served all sentences lawfully imposed, is entitled to be discharged from further custody.
Relator is ordered discharged from further custody.
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Ex parte Lewis, 40331
...was had, (c) the date of the prior conviction, and (d) the term of years assessed in the prior case. See also Ex parte Richmond, 163 Tex.Cr.R. 321, 290 S.W.2d 909; Ex parte Cox, 29 Tex.App. 84, 14 S.W. 396. It would further seem desirable, though not essential, to include in the cumulation ......
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Ex parte March
...and 4. The term of years assessed in the prior case. See also Ex parte Collier, 156 Tex.Cr.R. 377, 243 S.W.2d 177; Ex parte Richmond, 163 Tex.Cr.R. 321, 290 S.W.2d 909; Ex parte Cox, 29 Tex.App. 84, 14 S.W. 396. Only recently in Ex parte Lewis, Tex.Cr.App., 414 S.W.2d 682, we further observ......
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Ex parte Bazemore
...was had (c) the date of the prior conviction, and (d) the term of years assessed in the prior case. See also Ex parte Richmond, 163 Tex.Cr.R. 321, 290 S.W.2d 909; Ex parte Cox, 29 Tex.App. 84, 14 S.W. Despite the lack of some of the specific and definite recitals recommended, this Court has......
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Ex parte Ogletree, 31395
...sufficient to effect cumulation of the sentences but insists that these cases were overruled by the recent decision in Ex parte Richmond, 163 Tex.Cr.R. 321, 290 S.W.2d 909. While it was held in Ex parte Richmond, supra, that a reference by number only in a Court's order was insufficient to ......