Gonzales, Ex Parte Cody Alexander ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,787

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EX PARTE CODY ALEXANDER GONZALES, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W-50286-01-A IN THE 47TH DISTRICT COURT FROM POTTER COUNTY

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   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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of unauthorized use of a motor vehicle and sentenced to two years' imprisonment, consecutive to another sentence. He did not appeal his conviction.

Applicant contends that his trial counsel rendered ineffective assistance because he did not object to a stacking order entered in violation of Penal Code, § 3.03. The trial court has determined that trial counsel was ineffective in that counsel failed to object to or appeal the order that this sentence would be consecutive to another sentence for unauthorized use of a motor vehicle which was entered in the same criminal action. The stacking order violated § 3.03, and without that order this sentence would have expired last December. We find, therefore, that Applicant is entitled to immediate release from the sentence in Case No. 50286-A from the 47th Judicial District Court of Potter County. The Texas Department of Criminal Justice, State Jail Division, shall immediately release Applicant unless he is also confined for some other sentence.

A copy of this opinion shall be sent to the Texas Department of Criminal Justice, State Jail Division.

Delivered: November 7, 2007

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