Grantham, Ex Parte David Ray

• Court: Court of Criminal Appeals of Texas
• Decided: April 18, 2007
• Docket: AP-75,655
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,655 EX PARTE DAVID RAY GRANTHAM Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 114-0197-00-A IN THE 114^TH DISTRICT COURT

FROM SMITH COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of unlawful possession of a firearm by a felon and sentenced to sixty years' imprisonment as a habitual offender. Tex. Pen. Code § 12.42(d). The Twelfth Court of Appeals affirmed his conviction. Grantham v. State, No. 12-00-00270-CR (Tex. App.-Tyler, delivered February 5, 2003, pet. ref'd).

Applicant contends, among other things, that his sentence is illegal because his previous convictions were not sequential. Tex. Pen. Code § 12.42(d). In its findings, the trial court concluded that Applicant's sentence is illegal and recommended that we grant Applicant a new punishment hearing. We agree. Accordingly, relief is granted. The sentence in Cause No. 114-0197-00-A in the 114^th Judicial District Court of Smith County is vacated, and Applicant is remanded to the Sheriff of Smith County for a new punishment hearing.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.

Delivered: April 18, 2007

Do Not Publish