“Illegal sentences may be challenged at any time.”
How later courts described this case
- “Illegal sentences may be challenged at any time.”
Written by the judges who cited it.
The opinion
ORDER
Per curiam.
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App.1967). Applicant was convicted of evading arrest, possession of a firearm by a felon, and unlawful possession with intent to deliver cocaine, in a drug free school zone. He was sentenced to two, five, and twenty years’ imprisonment, respectively. The Fifth Court of Appeals affirmed his convictions.. McCuin v. State, Nos. 05-12-01148-CR, 05-12-01149-CR & 05-12-01150-CR, 2013 WL 3929215 (Tex. App. Dallas — Jul. 26, 2013) (not designated for publication). •
Applicant contended, among other things, that his trial counsel rendered ineffective assistance because he did not object to an improper cumulation order. After a remand, the trial court found that trial counsel objected and was not ineffective. The court’s findings concerning the merits of Applicant’s claims are supported by the record. The trial court recommended that this Court remand the cases for new punishment hearings. However, we find no legal basis in Applicant’s allegations to conclude he is entitled to habeas corpus relief. Ex Parte Townsend, 137 S.W.3d 79 (Tex.Crim.App.2004). Based on the trial court’s findings and this Court’s independent review of the entire record, we deny relief on all of Applicant’s habeas allegations.