Def was convicted of touching a child and exposing himself to a child. Touching got 10 years pen time. Exposing got 10 years probation. I just did an order after mandate, but I didn't know the cases were stacked and didn't think to look because it happens fairly rarely here on a pen plus probation. So, does anyone have an order after mandate for a stacked probation case? Thanks
Pursuant to article 42.08 of the Code of Criminal Procedure, it is ordered that the period of community supervision and conditions of supervision shall commence when the sentence imposed in Cause No. ____ has ceased to operate.
The language of the statute, viz: the "sentence suspended" shall begin when the judgment and the sentence imposed in the preceding conviction has ceased to operate, is quite poorly worded. But, it has to mean the period of sentence suspension shall be calculated as beginning on the day the sentence in the preceding case ceases to operate (it effectively means the imposition of the sentence shall remain suspended for the period of community supervision).
