Forney, TX asked in Criminal Law and Appeals / Appellate Law for Texas

Q: In the sate of Texas can you file to have Stacked sentence unstacked? what is the process called?

He has served 23 years on 2 life sentences, been before Parole 5 times and set off each time. They were hoping parole would grant parole so he could start serving the second sentence. If they continue to set him off is there a way to unstack the senetence?

1 Lawyer Answer
Rick  Davis
Rick Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: Whether or not sentences are "stacked" (i.e. ordered to run consecutively) is determined by the language in the Judgment signed by the Trial Judge. The only way to change that is to change the original Trial Court Judgments. The only way to change the Trial Court Judgments is to file a post-conviction Application for Writ of Habeas Corpus under Article 11.07 of the Texas Code of Criminal Procedure and to have the Application granted. Depending on the facts of the case, it may be difficult or impossible to do.

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