OPINION ON APPELLANTS’ PETITIONS FOR DISCRETIONARY REVIEW
McCORMICK, Presiding Judge.
These cases present the issue of statutory construction of Article 42.08(b), V.A.C.C.P., concerning cumulation of sentences for offenses committed while appellants were inmates in the Texas Department of Criminal Justice (TDCJ-ID). Appellants contend Article 42.08(b) requires that their sentences in the instant cases be cumulated with the sentence each was serving at the time the instant offense occurred, rather than cumulat-ed with a sentence which had been assessed but which they had not yet begun serving.1
In unrelated cases Basden and Coleman were convicted of aggravated assault committed upon a correctional officer while each was incarcerated in the TDCJ. See V.T.C.A. Penal Code, Section 22.02(a)(2)(A). The relevant facts are:
BASDEN
Aggravated robbery: 50 years
Offense committed: February 9, 1986
Conviction: August 4, 1986
Attempted capital murder: 15 years
Offense committed: December 8, 1989
Conviction: January 22, 1991
Aggravated assault: 50 years
Offense committed: October 10, 1990
Conviction: July 17, 1992
The fifteen-year sentence for attempted capital murder, committed while Basden was an inmate, was ordered to run consecutively to the original fifty-year aggravated robbery sentence. The second fifty-year sentence was ordered to run consecutively to the fifteen-year sentence for attempted capital murder. Thus, Basden was given three consecutive sentences of fifty, fifteen, and fifty years. He contends the fifty-year sentence for aggravated assault was erroneously ordered to run consecutive to the fifteen-year attempted capital murder sentence because he was not yet serving time on the attempted capital murder when he committed the aggravated assault. Rather, he argues that at the time of the assault he was serving time for the aggravated robbery, and that the fifty-year sentence for aggravated assault should be cumulated with that sentence.2
COLEMAN
Aggravated robbery: 15 years
Offense committed: January 11, 1989
Conviction: February 8, 1989
Escape: 10 years
Offense committed: June 10, 1989
Conviction: October 27, 1989
Aggravated assault: life
Offense committed: March 20, 1991
Conviction: March 16, 1993
The ten-year sentence for escape, committed while Coleman was an inmate, was ordered to run consecutively to the original fifteen-year sentence for aggravated robbery. The life sentence for aggravated assault was ordered to run consecutively to the ten-year sentence in the escape conviction. Coleman contends the trial court erred in ordering the life sentence for aggravated assault to run consecutively to the escape sentence because he had not yet begun serving time on the escape sentence when he committed the aggravated assault. Rather, at the time of the [321]*321assault he was serving time for the aggravated robbery and argues that the life sentence should be cumulated with that sentence.
In Basden’s case the Waco Court of Appeals affirmed the trial court’s cumulation order and stated that the purpose of Article 42.08(b) was to require consecutive sentences when offenses are committed in prison. Basden v. State, 860 S.W.2d 725, 726 (Tex.App.— Waco 1993). Similarly, the Tyler Court of Appeals upheld the trial court’s cumulation order in Coleman’s case by finding this purpose was the legislative intent of Article 42.08(b). Coleman v. State, — S.W.2d(Tex.App. — Tyler 1993). The Tyler court stated that the phrase “sentence for the original offense” encompassed the plural, “sentences for the original offenses.” The court concluded the words “original sentence”3 in Article 42.08(b) “means any sentence that the inmate is presently serving or any sentence that a given defendant has received.” Both courts agreed with the State that appellants’ interpretation of Article 42.08(b) was incorrect because it would give disruptive inmates no incentive to behave since additional convictions would necessarily be served concurrently with each other.
The starting point for statutory analysis is the text of the statutory provision at issue. Boykin v. State, 818 S.W.2d 782 (Tex.Cr.App.1991). Our duty is to attempt to discern the legislative intent or purpose of the statute by, if reasonably possible, giving effect to the plain meaning of the statute’s language. See Boykin, 818 S.W.2d at 785-86; see also Muniz v. State, 851 S.W.2d 238, 265 (Tex.Cr.App.) (Clinton, J., dissenting), cert. denied, — U.S.—, 114 S.Ct. 116,126 L.Ed.2d 82 (1993). However, where application of the plain meaning of the statute’s language would lead to “absurd” consequences that the Legislature could not possibly have intended, this Court, in arriving at a sensible interpretation of the legislative intent of the statute, will consider such extra-textual factors as the legislative history and the object sought to be obtained by the statute. See Boykin, 818 S.W.2d at 785-86; Texas Government Code, Section 311.023.
Appellants contend the Courts of Appeals ignored the plain meaning of Article 42.08(b). The State argues applying the plain meaning of Article 42.08(b) would lead to absurd consequences and contravene public policy.4 We agree. The obvious intent of Article 42.08(b) is to deter inmates from committing crimes during their incarceration and to more harshly punish those inmates who are not deterred. Cruz v. State, 838 S.W.2d 682, 687 (Tex.App. — Houston [14th Dist.] 1992, pet. refd). Giving effect to the plain meaning of Article 42.08(b) would lead to the absurd result of permitting inmates to commit crimes without fear of punishment, would effectively immunize disruptive inmates from prosecution for crimes short of capital murder and would further undermine any reason to prosecute inmates who are severe discipline problems in our penal institutions. Any interpretation of Article 42.08(b) that [322]*322results in creating a situation whereby inmates can commit crimes with impunity simply because they are in prison is absurd and should not be adopted by this Court.5 Given the obvious purposes of Article 42.08(b), the Legislature could not possibly have intended these consequences.
We interpret Article 42.08(b) in such a way that its provisions act as a deterrent to the commission of a subsequent prison offense and adequately punish the commission of the prior prison offense.6 The appellants’ interpretation of Article 42.08(b) accomplishes just the opposite.
Free access — add to your briefcase to read the full text and ask questions with AI
OPINION ON APPELLANTS’ PETITIONS FOR DISCRETIONARY REVIEW
McCORMICK, Presiding Judge.
These cases present the issue of statutory construction of Article 42.08(b), V.A.C.C.P., concerning cumulation of sentences for offenses committed while appellants were inmates in the Texas Department of Criminal Justice (TDCJ-ID). Appellants contend Article 42.08(b) requires that their sentences in the instant cases be cumulated with the sentence each was serving at the time the instant offense occurred, rather than cumulat-ed with a sentence which had been assessed but which they had not yet begun serving.1
In unrelated cases Basden and Coleman were convicted of aggravated assault committed upon a correctional officer while each was incarcerated in the TDCJ. See V.T.C.A. Penal Code, Section 22.02(a)(2)(A). The relevant facts are:
BASDEN
Aggravated robbery: 50 years
Offense committed: February 9, 1986
Conviction: August 4, 1986
Attempted capital murder: 15 years
Offense committed: December 8, 1989
Conviction: January 22, 1991
Aggravated assault: 50 years
Offense committed: October 10, 1990
Conviction: July 17, 1992
The fifteen-year sentence for attempted capital murder, committed while Basden was an inmate, was ordered to run consecutively to the original fifty-year aggravated robbery sentence. The second fifty-year sentence was ordered to run consecutively to the fifteen-year sentence for attempted capital murder. Thus, Basden was given three consecutive sentences of fifty, fifteen, and fifty years. He contends the fifty-year sentence for aggravated assault was erroneously ordered to run consecutive to the fifteen-year attempted capital murder sentence because he was not yet serving time on the attempted capital murder when he committed the aggravated assault. Rather, he argues that at the time of the assault he was serving time for the aggravated robbery, and that the fifty-year sentence for aggravated assault should be cumulated with that sentence.2
COLEMAN
Aggravated robbery: 15 years
Offense committed: January 11, 1989
Conviction: February 8, 1989
Escape: 10 years
Offense committed: June 10, 1989
Conviction: October 27, 1989
Aggravated assault: life
Offense committed: March 20, 1991
Conviction: March 16, 1993
The ten-year sentence for escape, committed while Coleman was an inmate, was ordered to run consecutively to the original fifteen-year sentence for aggravated robbery. The life sentence for aggravated assault was ordered to run consecutively to the ten-year sentence in the escape conviction. Coleman contends the trial court erred in ordering the life sentence for aggravated assault to run consecutively to the escape sentence because he had not yet begun serving time on the escape sentence when he committed the aggravated assault. Rather, at the time of the [321]*321assault he was serving time for the aggravated robbery and argues that the life sentence should be cumulated with that sentence.
In Basden’s case the Waco Court of Appeals affirmed the trial court’s cumulation order and stated that the purpose of Article 42.08(b) was to require consecutive sentences when offenses are committed in prison. Basden v. State, 860 S.W.2d 725, 726 (Tex.App.— Waco 1993). Similarly, the Tyler Court of Appeals upheld the trial court’s cumulation order in Coleman’s case by finding this purpose was the legislative intent of Article 42.08(b). Coleman v. State, — S.W.2d(Tex.App. — Tyler 1993). The Tyler court stated that the phrase “sentence for the original offense” encompassed the plural, “sentences for the original offenses.” The court concluded the words “original sentence”3 in Article 42.08(b) “means any sentence that the inmate is presently serving or any sentence that a given defendant has received.” Both courts agreed with the State that appellants’ interpretation of Article 42.08(b) was incorrect because it would give disruptive inmates no incentive to behave since additional convictions would necessarily be served concurrently with each other.
The starting point for statutory analysis is the text of the statutory provision at issue. Boykin v. State, 818 S.W.2d 782 (Tex.Cr.App.1991). Our duty is to attempt to discern the legislative intent or purpose of the statute by, if reasonably possible, giving effect to the plain meaning of the statute’s language. See Boykin, 818 S.W.2d at 785-86; see also Muniz v. State, 851 S.W.2d 238, 265 (Tex.Cr.App.) (Clinton, J., dissenting), cert. denied, — U.S.—, 114 S.Ct. 116,126 L.Ed.2d 82 (1993). However, where application of the plain meaning of the statute’s language would lead to “absurd” consequences that the Legislature could not possibly have intended, this Court, in arriving at a sensible interpretation of the legislative intent of the statute, will consider such extra-textual factors as the legislative history and the object sought to be obtained by the statute. See Boykin, 818 S.W.2d at 785-86; Texas Government Code, Section 311.023.
Appellants contend the Courts of Appeals ignored the plain meaning of Article 42.08(b). The State argues applying the plain meaning of Article 42.08(b) would lead to absurd consequences and contravene public policy.4 We agree. The obvious intent of Article 42.08(b) is to deter inmates from committing crimes during their incarceration and to more harshly punish those inmates who are not deterred. Cruz v. State, 838 S.W.2d 682, 687 (Tex.App. — Houston [14th Dist.] 1992, pet. refd). Giving effect to the plain meaning of Article 42.08(b) would lead to the absurd result of permitting inmates to commit crimes without fear of punishment, would effectively immunize disruptive inmates from prosecution for crimes short of capital murder and would further undermine any reason to prosecute inmates who are severe discipline problems in our penal institutions. Any interpretation of Article 42.08(b) that [322]*322results in creating a situation whereby inmates can commit crimes with impunity simply because they are in prison is absurd and should not be adopted by this Court.5 Given the obvious purposes of Article 42.08(b), the Legislature could not possibly have intended these consequences.
We interpret Article 42.08(b) in such a way that its provisions act as a deterrent to the commission of a subsequent prison offense and adequately punish the commission of the prior prison offense.6 The appellants’ interpretation of Article 42.08(b) accomplishes just the opposite. And, under our holding, as applied here, though the appellants were not deterred from committing a second prison offense, they are being punished for committing the first prison offense, while, under their interpretation of Article 42.08(b), there effectively would be no punishment for that offense.
The legislative history of Article 42.08(b) also supports our holding. Subsection (b) of Article 42.08 was added by the 69th Legislature and became effective September 1,1985. See Acts, 69th Leg., Reg. Session 1985, Ch. 29, p. 404 (SB 186). The bill analysis prepared for SB 186 states the “Problem that the bill addresses” is:
“If inmates can serve subsequent sentences at the same time as the sentence they are already in TDC for, there is little effective deterrence from continued criminal behavior beyond loss of good time.” ”
At the public hearing held before the House Committee on law enforcement on March 20, 1985, the testimony presented made clear that the purpose of SB 186 was to prevent violence in TDC by mandating consecutive sentences. The clear message from that hearing is that there would be no concurrent sentences for crimes committed by inmates.
Accordingly, this Court holds that Article 42.08(b), V.A.C.C.P., provides for the stacking of sentences imposed for offenses committed while an inmate is incarcerated. The judgments of the Courts of Appeals in these cases are affirmed.