Tristan, Hector

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-56,166-04 EX PARTE HECTOR L. TRISTAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1995-CRA000506-D1(B) IN THE

49TH DISTRICT COURT FROM WEBB COUNTY

Per curiam.

O R D E R

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated robbery and attempted capital murder and sentenced to twenty years' imprisonment, consecutive to another sentence. He did not appeal his convictions.

Applicant contends that these sentences were improperly cumulated. On remand the trial court made findings of fact that these sentences were improperly cumulated with another case which had not yet been adjudicated, and recommended that relief be granted. However, our review of the record does not support those findings. The judgment in cause number 1993-CRA735-D3 reflects that Applicant's community supervision was revoked December 8, 1995, although he was not sentenced until January 24, 1996. The cumulation order in this case was entered January 5, 1996, which was after Applicant had been "convicted" in 1993-CRA735-D3 by having his community supervision revoked, even though he had not yet been sentenced in that cause. See Barela v. State, 180 S.W.3d 145 (Tex. Crim. App. 2005). Relief is therefore denied.

Filed: January 14, 2009

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