(Download) "Ex Parte Billy Ross Sims" by Court of Criminal Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Ex Parte Billy Ross Sims
- Author : Court of Criminal Appeals of Texas
- Release Date : January 01, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
This is a post-conviction application for a writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P.
In a single proceeding Applicant was convicted of two murders, one alleged in an indictment and one in an information. Punishment
was assessed at life imprisonment in each cause, to be served consecutively. These convictions were affirmed. Sims v. State,
807 S.W.2d 618 (Tex.App. - Dallas 1991, pet. ref'd). Applicant contends that the trial court improperly cumulated the sentences in these causes because they arose out of the
same criminal episode and were prosecuted in the same criminal action. See LaPorte v. State, 840 S.W.2d 412 (Tex.Cr.App. 1992).
The trial court has entered findings, supported by the record. Applicant was initially indicted for capital murder, but entered
into a plea agreement. The State agreed to dismiss the capital murder charges, and Applicant agreed to plead guilty to both
murders. They also agreed a life sentence would be assessed in each cause, the trial court would enter affirmative findings
that Applicant used a deadly weapon, and it would be left to the court as to whether the sentences would run concurrently
or consecutively.