Court of Criminal Appeals of Texas, 1968

Ex parte Gardner

Ex parte Gardner
Court of Criminal Appeals of Texas · Decided June 19, 1968 · Onion, Belcher, Morrison
430 S.W.2d 209; 1968 Tex. Crim. App. LEXIS 1187 (South Western Reporter, Second Series)

Ex parte Gardner

Opinion of the Court

OPINION

BELCHER, Judge.

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 cumulat-ing 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 *210of habeas corpus m Ex parte Bazemore, supra.

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

Dissenting Opinion

DISSENTING OPINION

ONION, Judge.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.