Simmons, Will Donnell ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-16,370-02
EX PARTE WILL DONNELL SIMMONS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W91-00848-I(A) IN CRIMINAL DISTRICT COURT NO. 2
FROM DALLAS COUNTY
Per curiam.
ORDER
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 aggravated sexual
assault and sentenced to life imprisonment. His sentence was ordered to run consecutively with a
forty-year sentence for aggravated robbery. The Fifth Court of Appeals affirmed his conviction.
Simmons v. State, No. 05-91-00503-CR (Tex. App.—Dallas 1992, pet. ref’d).
In a single ground, Applicant contends that the cumulation portion of the judgment in his
2
case is improper.1 On May 14, 2014, we filed and set this application for submission and asked for
briefing from the parties. Applicant has now filed a motion to amend or supplement with the Court.
His motion is granted in part. He may file a separate or subsequent application, not an amended
claim, in the county of conviction. TEX . CODE CRIM . PROC. art. 11.07, § 3(b) (“An application for
writ of habeas corpus filed after final conviction in a felony case, other than a case in which the death
penalty is imposed, must be filed with the clerk of the court in which the conviction being challenged
was obtained . . . .”). If he elects to do so, Applicant shall file this application within 30 days of the
date of this order.
Filed: September 18, 2014
Do not publish
1
On the 11.07 form, he writes that his sentence is “void” because the trial court entered an
improper cumulation order.