Basden v. State

OPINION ON APPELLANTS’ PETITIONS FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

These cases present the issue of statutory construction of Article 42.08(b), V.A.C.C.P., concerning cumulation of sentences for offenses committed while appellants were inmates in the Texas Department of Criminal Justice (TDCJ-ID). Appellants contend Article 42.08(b) requires that their sentences in the instant cases be cumulated with the sentence each was serving at the time the instant offense occurred, rather than cumulat-ed with a sentence which had been assessed but which they had not yet begun serving.1

In…