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Ex Parte Gardner

Court of Criminal Appeals of Texas
Jul 24, 1968
430 S.W.2d 209 (Tex. Crim. App. 1968)

Opinion

No. 41412.

June 19, 1968. Rehearing Denied July 24, 1968.

Roy Y. Martin, Tom Cowden, Austin, for relator.

Wallace T. Barber, Dist. Atty., San Marcos, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION


This is an application for writ of habeas corpus under Art. 11.07 Vernon's Ann.C.C.P., brought by relator seeking his release from the Texas Department of Corrections. The relator contends that he is illegally confined on the ground that the order cumulating the sentences by virtue of which he is confined is insufficient.

This is a companion case to Ex parte Bazemore, 430 S.W.2d 205 No. 41,411, this day decided.

The sole ground of error presented by the appellant is the same as that considered by this court in denying the petition for writ of habeas corpus in Ex parte Bazemore, supra.

For the reasons heretofore stated, the petition for writ of habeas corpus is denied.


DISSENTING OPINION


For the same reasons set forth in my dissenting opinion in Ex parte Bazemore, Tex.Cr.App., 430 S.W.2d 205 (No. 41,411) this day decided, I respectfully dissent in this cause.

MORRISON, J., joins in this dissent.


Summaries of

Ex Parte Gardner

Court of Criminal Appeals of Texas
Jul 24, 1968
430 S.W.2d 209 (Tex. Crim. App. 1968)
Case details for

Ex Parte Gardner

Case Details

Full title:Ex parte GARDNER

Court:Court of Criminal Appeals of Texas

Date published: Jul 24, 1968

Citations

430 S.W.2d 209 (Tex. Crim. App. 1968)