Hernandez v. State

STEWART, Justice.

Riccardo Rafael Hernandez was convicted of aggravated robbery and sentenced to thirty years’ confinement. Appellant contends that the trial court erred in cumulat-ing appellant’s sentence and a prior North Carolina sentence. Because we agree that the trial court improperly cumulated the sentence, we modify the judgment to provide for a concurrent sentence and, as modified, affirm.1

Appellant contends that the trial court lacked the statutory authority to cumulate or “stack” his Texas sentence with his pri- or North Carolina sentence. Although Texas courts have addressed the…