Sentence on Case 1. Guy starts his time.
Case 2 happens, convicted, sentence stacked on 1.
Case 1 remanded for new punishment hearing only.
What happens to sentence on case 2?
Is the stacking order still valid, only we don't know yet just what the case 1 sentence is?
Is the stacking order void? Voidable?
The guy started serving his time on case 1 and has never been out of custody since. While he waits for new sentencing hearing on case 1, he files a writ on case 2 and says his credit must be recalculated to give him time as if case 1 never existed. I am having to respond.
I would LIKE to say that the stacking order is still valid, because the sentence in case 1 has not yet "ceased to operate". Would you buy that argument? Got a better one for me?
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