Ex parte Shields
| Decision Date | 16 October 1963 |
| Docket Number | No. 36341,36341 |
| Citation | 371 S.W.2d 395 |
| Court | Texas Court of Criminal Appeals |
| Parties | Ex parte Jack SHIELDS. |
Reginald Bracewell, Huntsville, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
Relator was convicted in cause # 535 in the District Court of Gray County on May 18, 1933, for the offense of robbery and his punishment was assessed at 10 years. On the following day in the same Court he was again sentenced for an offense of the same nature and again assessed a 10 year punishment. On November 27, 1933, relator was convicted in the District Court of Wheeler County and assessed a term of twenty years which sentence was cumulative to the May 19 conviction in Gray County.
We overrule his contention that the order of cumulation in the second Gray County case is invalid because it recites that the May 18 conviction was for the offense of burglary rather than robbery. The number of the cause, the date and the name of the Court was set forth in the order of cumulation and this Court has held that when such an order contains only two, rather than three, details of the prior conviction the order is valid, Ex parte Collier, 156 Tex.Cr.R. 377, 243 S.W.2d 177, Ex parte Bell, 160 Tex.Cr.R. 490, 272 S.W.2d 530. See also Ex parte Dyess, 161 Tex.Cr.R. 29, 274 S.W.2d 695, and Ex parte Daffern, 162 Tex.Cr.R. 472, 286 S.W.2d 151.
Relator's next contention is the most serious. On December 5, 1934, the Governor of Texas granted relator a 60 day furlough. Instead of honoring this furlough, the Texas prison officials wired the prison officials of the State of Louisiana notifying them of the furlough and requested to know if they wanted custody of petitioner, as they understood he was an escapee of that institution. The Louisiana officials replied in the affirmative and came and got petitioner after he had executed a full waiver of extradition.
Petitioner was released on parole from the Louisiana State Penitentiary on June 2, 1944, from which said parole he was discharged on April 7, 1948, and remained at large for a number of years.
Thereafter on May 12, 1960, petitioner was convicted in the United States District Court for the Western District of Tennessee for a felony and assessed a term of five years. He was paroled from the Federal Prison on May 12, 1962, but was transported to Jasper, Texas, where he was convicted of passing as true a forged instrument and assessed a term of two years, for which he has sufficient credit to have served, but is now being confined in the Texas Department of Corrections by virtue of the foregoing sentences.
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Ex parte Lewis, 40331
...sentences which were substantially and sufficiently specific to authorize the punishment sought to be imposed. In Ex parte Shields, Tex.Cr.App., 371 S.W.2d 395, an order of cumulation containing the number of the cause, the date, and name of the Court was held sufficient. There it was noted......
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Hoitt v. State
...539, 540-41 (Tex. Crim. App. 1985) (order contained only the cause number and the court of the prior conviction); Ex parte Shields, 371 S.W.2d 395, 395 (Tex. Crim. App. 1963) (order contained the cause number, the date, and the court of the prior conviction); Ex parte Daffern, 162 Tex. Crim......
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Ex parte March
...valid when such orders contained two, rather than three or more, details of the prior conviction. Ex parte Lewis, supra; Ex parte Shields, Tex.Cr.App., 371 S.W.2d 395; Ex parte Daffern, 162 Tex.Cr.R. 472, 286 S.W.2d 151; Ex parte Dyess, 161 Tex.Cr.R. 29, 274 S.W.2d 695; Ex parte Bell, 160 T......
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Ex parte Bazemore
...sentences which were substantially and sufficiently specific to authorize the punishment sought to be imposed. In Ex parte Shields, Tex.Cr.App., 371 S.W.2d 395, an order of cumulation containing the number of the cause, the date, and name of the court was held sufficient. In Shields it was ......