Cornett, David Duran ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,087-13
EX DAVID DURAN CORNETT, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 37241CR-A IN THE 443RD DISTRICT COURT
FROM ELLIS COUNTY
Per curiam.
ORDER
Applicant was convicted of compelling prostitution and sentenced to twenty years’
imprisonment as part of a greater plea bargain including twelve other offenses. The Applicant did
not file a direct appeal. Applicant filed this application for a writ of habeas corpus in the county of
conviction, and the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends, among other claims, that the trial court issued an improper cumulation
(stacking) order in this case because the offenses were part of a single criminal episode which were
pled together on the same day and in the same proceeding. The trial court has determined that the
cumulation order was improper and recommends deleting the stacking order in this case.
However, a claim of an improper stacking order is not properly raised for the first time on
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habeas. Ex Parte Townsend, 137 S.W.3d 79 (Tex. Crim. App. 2004) (holding that an illegal stacking
claim was unavailable on habeas when it could have been raised on appeal). We deny relief.
Filed: January 12, 2022
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