Opinion
WR-95,768-01 WR-95,768-02 WR-95,768-03
10-09-2024
EX PARTE HAROLD MOSLEY, Applicant
Do not publish
On Applications for writs of Habeas Corpus Cause Nos. 22F0075-005-A, 22F0076-005-A & 22F0737-005 in the 5th District Court from Bowie County
ORDER
PER CURIAM.
Applicant was convicted of two counts of theft and one count of fraudulent possession of identifying documents. He was sentenced to twenty months state jail on the theft convictions and six years' imprisonment for the fraudulent possession. Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant challenged the stacking orders in these judgments. The original judgments in these cases are inconsistent, so this Court remanded the applications to the trial court to get clarification. The trial court has now entered findings of fact stating that the theft cases are to be run concurrently with each other, and the sentence in the fraud case is to be stacked upon those theft sentences.
The trial court is ordered to enter judgments nunc pro tunc in the theft cases (cause numbers 22F0075-005 and 22F0076-005) to delete the cumulation language contained in those judgments (that those sentences would run consecutively to cause number 22F0737-005).
Based on the trial court's findings of fact as well as this Court's independent review of the entire record, we deny relief subject to the trial court entering those judgments nunc pro tunc.
Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and the Board of Pardons and Paroles.