No. 19-6417

Doran Wilburn Walker v. Texas

Lower Court: Texas
Docketed: 2019-10-28
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure criminal-procedure-sentencing cumulative-sentences double-jeopardy due-process oral-pronouncement-of-sentence presence-of-defendant sentencing statutory-authority trial-court-authority written-judgment
Latest Conference: 2020-01-10
Question Presented (from Petition)

1. If a trial court wishes to cumulate sentences, must it so order at the time and place that sentence is orally pronounced? See Grays v State, 291 S.W. 3d 555, 558 (Tex.App.-Houston [14th Dist.] 2009, no pet.), citing Ex parte Madding, 70 S.W. 3d 131,136 (Tex.Crim.App.2002).

2. Once a defendant is removed from the courtroom, is it to late to cumulate the sentence just imposed with an earlier one? See Ex parte Vasquez, 712 S.W.2d 754, 755 (Tex.Crim.App.1986); Ex parte Madding, 70 S.W.3d 131(Tex.Crim.App.2002).

3. Does a trial court have the statutory authority to orally pronounce one sentence in the defendant 's presence, but enter a different sentence in its written judgment outside of the defendant 's presence? Ex parte Madding, 70 S.W.3d 131.

4. Must a defendant be physically present and be able to hear and respond to the sentence? Ex parte Madding, 70 S.W.3d 131.

5. The trial court 's signing of the cumulation order did not occur on the same day as the date that Petitioner was formally sentenced on March 10,2005 and the cumulation order was signed eleven (11) days later without Petitioner being present. Is this a violation of the double jeopardy clause of the United States Constitution?

Question Presented (AI Summary)

Whether a trial court must order sentence cumulation at the time of oral pronouncement

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 27, 2019)

Attorneys

Doran Wilburn Walker
Doran Wilburn Walker — Petitioner