Ex Parte Kuester

21 S.W.3d 264, 2000 Tex. Crim. App. LEXIS 65, 2000 WL 791955
CourtCourt of Criminal Appeals of Texas
DecidedJune 21, 2000
Docket73259
StatusPublished
Cited by77 cases

This text of 21 S.W.3d 264 (Ex Parte Kuester) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte Kuester, 21 S.W.3d 264, 2000 Tex. Crim. App. LEXIS 65, 2000 WL 791955 (Tex. 2000).

Opinions

OPINION

KEASLER, J.,

delivered the opinion of the Court,

in which McCORMICK, P. J., and MEYERS, MANSFIELD, PRICE, HOLLAND, and JOHNSON, J.J., joined.

This case presents a complicated time-credit issue, specifically, how to compute time on a stacked sentence.

I. Facts

Greg Kuester was initially sentenced to a ten-year term in the Texas Department of Criminal Justice, Institutional Division (TDCJ-ID), for burglary of a building committed in 1988. On September 1,1989, while in the custody of TDCJ-ID, Kuester struck a correctional officer. Kuester was convicted of aggravated assault on July 25, 1991. The trial court sentenced Kuester to a four-year term in prison and ordered that the sentence would not begin to run until Kuester’s ten-year sentence “ceased to operate.”

Upon receipt of the new conviction information, TDCJ-ID recalculated Kuester’s records, adding the new four-year sentence to increase his prison term from ten to fourteen years. Kuester remained in prison, serving his combined sentences, until September 8, 1992, when he was released to parole. He was at liberty until he was arrested pursuant to a parole violator warrant on August 29, 1993. The Board of Pardons and Paroles (the Board) voted to revoke his parole, and he was returned to the custody of TDCJ-ID to continue serving his combined sentences.

In 1997, TDCJ and the Board determined that time calculations for consecutively-sentenced inmates required re-evaluation for offenses committed after 1987.1 In particular, the practice of treating cumulative sentences as a single combined sentence was discontinued in lieu of performing time calculations on each consecutive case singularly and sequentially.2 Accordingly, TDCJ-ID no longer permitted inmates to accrue time credit for a consecutive sentence until the prior sentence was determined to have ceased to operate, either by day-for-day discharge or upon a parole approval vote by the Board.

In accord with revised policies, Kues-ter’s records were reprocessed to reflect confinement under only the initial ten-year sentence and that the four-year sentence had not yet begun. On May 2, 1999, TDCJ-ID and the Board determined that Kuester’s first sentence ceased to operate. At that time, Kuester began serving his aggravated assault case, designated to discharge on April 27, 2003. This date does not appear to give Kuester credit for pretrial jail time, time he served in prison before his initial release to parole, time he [266]*266spent while released to parole, or much of the time he has served since his parole revocation.

Kuester contends that his release to parole in 1992 was erroneous because TDCJ-ID failed to treat his two sentences separately. He seeks additional credit to his aggravated assault sentence for the period of his erroneous release. We begin by analyzing the applicable statute.

II. Art. 42.08(b) — Completion of the sentence

Article 42.083 sets out the manner in which consecutive sentences are to be carried out. Subsection (a) addresses cases in which the trial court, in its discretion, stacks sentences. Subsection (b) addresses cases in which the trial court is required to stack sentences, specifically, cases in which an offense is committed while the defendant is already an inmate in TDCJ-ID. The two subsections use different phrases to describe the point at which the cumulated sentence begins. Subsection (a) states that the second sentence should begin when the first sentence “has ceased to operate.” Subsection (b), on the other hand, states that the second sentence should begin “on completion of the [first] sentence.” We must determine what the phrase “completion of the sentence” means and, in particular, whether it means something different than “cease to operate.”

A. Language of Stacking Order

Initially, we note that the trial court ordered that Kuester’s aggravated assault sentence begin to run after his ten-year sentence “ceased to operate.” This language appears in Subsection (a). But

Kuester’s aggravated assault conviction was committed while Kuester was an inmate of TDCJ-ID, so the trial judge was required to cumulate the sentence pursuant to Subsection (b) rather than Subsection (a). Nevertheless, regardless of the language in the judgment, the statute dictates the proper application of the order.4 Therefore, we must determine when Kues-ter’s initial sentence was “completed” so that his subsequent sentence could begin.

B. Plain Language

The starting point for statutory analysis is the text of the relevant provisions.5 We first look to the plain meaning of the words to determine the purpose and effect of a statute. We may only look beyond the text if the language is ambiguous or would lead to an absurd result that the Legislature could not have possibly intended.6

The text of Subsection (b) has undergone only minor revisions since the date of Kuester’s offense. It currently provides as follows:

If a defendant is sentenced for an offense committed while the defendant was an inmate in the institutional division of the Texas Department of Criminal Justice and the defendant has not completed the sentence he was serving at the time of the offense, the judge shall order the sentence for the subsequent offense to commence immediately on completion of the sentence for the original offense.7

We construe words and phrases according to the rules of grammar and common usage unless they have acquired, a technical or particular meaning.8 Webster [267]*267defines “complete” as entire, total, undivided, and implies that a certain unit has all of its parts fully developed, the process being carried to its fulfillment.9 So common understanding of “complete” in this context means that the sentence must be wholly discharged; release to parole would not constitute “completion” of the sentence.

Applying “discharge-in-full” as the plain meaning of “completion” results in two potential consequences. One possibility is that an inmate makes parole on his first sentence. He has not discharged his first sentence, so his second sentence cannot yet begin. His second sentence will not begin until his first sentence has discharged, that is, until his parole is complete. The inmate may spend twenty or thirty years on parole, living and working in the community, a rehabilitated and contributing member of society. When at last his parole is complete and his sentence discharges, he must then be returned to prison to begin serving his second sentence. Or, in the case of a particularly long initial sentence, he will remain on parole his entire life, dying before he ever begins serving his second sentence.

We believe construing Art. 42.08(b) in this manner leads to an absurd result that the Legislature could not possibly have intended. The goal of the statute is to punish inmates who commit crimes while in prison.10 To require a person, after a long and successful completion of a parole term, to return to prison is less a punishment than it is an absurdity.

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Cite This Page — Counsel Stack

Bluebook (online)
21 S.W.3d 264, 2000 Tex. Crim. App. LEXIS 65, 2000 WL 791955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-kuester-texcrimapp-2000.