(DOWNLOAD) "Ex Parte Duane Latour Barley" by 523 and 71,524 Court of Criminal Appeals of Texas NOS. 71 # Book PDF Kindle ePub Free
eBook details
- Title: Ex Parte Duane Latour Barley
- Author : 523 and 71,524 Court of Criminal Appeals of Texas NOS. 71
- Release Date : January 25, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
There are post-conviction applications for writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was
convicted of burglary of a habitation and burglary of a building. Punishment was assessed at six years' imprisonment in each
cause, with the sentence for burglary of a building ordered to commence when the sentence for burglary of a habitation has
ceased to operate. No appeal was taken from these convictions. Applicant contends that the order requiring the sentences to be served consecutively is invalid because he had commenced
serving the burglary of a building sentence before the order was entered. The trial court has entered findings, supported
by the record, that applicant was initially convicted and placed on probation for the burglary of a habitation. Applicant
was thereafter charged with the burglary of a building, a motion to revoke his probation was filed, and he entered pleas in
both causes resulting in concurrent six year sentences in the Texas Department of Criminal Justice, Institutional Division,
under the Special Alternative Incarceration Program (boot camp). See Article 42.12, Section 8, V.A.C.C.P., and V.T.C.A.,
Government Code, Section 499.052.1 Sentences in both causes were ordered to commence December 1, 1989, but were subsequently
suspended on March 20, 1990, and applicant was again released on probation. Both probations were then revoked April 17, 1992,
with both judgments2 reflecting that the sentences were to be served consecutively.
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