Defendant is sentenced to 20 years in prison for deadly conduct. The day of sentencing he overpowers a jailor and escapes. I tried him for agg escape and he recieved 35 years. Court ran case CC under 42.08 (a). CCP 42.08 (b) says "while he was an inmate of ID" that court must stack. Was he an inmate yet? He was to be taken to TDCJ-ID the next morning. Cases keep talking about "while an inmate". The judgement says "Sentenced to TDCJ-ID" and remanded to the Sheriff for transportation there. Must he be there first for (b) to apply? What do you think?

Upon sentencing, he is an inmate of TDCJ. He does not physically have to be there. Compare how a defendant is constructively in TDCJ for the purpose of shock probation, even though he is in county jail for part of the sentence.

Even if he wasn't an inmate yet, what judge would run such a sentence concurrent, given the discretion to stack the sentence?

Make the argument John suggests. But if the trial judge does not agree, then you may have only 15 days after judgment was signed in which to appeal. Furthermore, there may not be any appeal. Ross, 953 S.W.2d 748; Ramirez, 62 S.W.3d 358. And mandamus may not be available either. Maybe TDCJ can take the position that it can ignore any language in the judgment stating that the sentence commences immediately. Try to omit any such language from the judgment (I never include the part that says the sentence "shall run concurrently unless otherwise specified").

[This message was edited by Martin Peterson on 03-03-03 at .]