(DOWNLOAD) "Mclaney v. Bell" by In the Court of Criminal Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Mclaney v. Bell
- Author : In the Court of Criminal Appeals of Texas
- Release Date : January 30, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This case is before the Court by way of a petition for writ of habeas corpus filed by Jackie W. McLaney, challenging a plea agreement which encompassed a sentence alleged to be illegal. McLaney presents three issues for review: (1) whether the record shows that his arrest occurred while he was on bail for a felony offense (thus requiring consecutive sentences pursuant to Tenn. Code Ann. § 40-20-111 (2000) and Tenn. R. Crim. P. 32(c)(3)(C)); (2) whether such an arrest while on bail affects the concurrent sentence imposed; and (3) whether habeas corpus provides a remedy for the review and correction of such a sentence imposed pursuant to a plea agreement. We hold that if the face of the judgment or the record of the underlying proceedings shows that the concurrent sentence is illegal, such sentence creates a void judgment for which habeas corpus relief is available. Therefore, we reverse the judgment of the Court of Criminal Appeals and remand the cause to the trial court for appointment of counsel and a determination whether the face of the judgment or the record of the proceedings indicates that McLaney committed the offenses for which he received the concurrent sentence while on bail for a felony offense.
 "Mclaney v. Bell" by In the Court of Criminal Appeals of Texas " eBook PDF Kindle ePub Free){kind=link}