Ex Parte Guerrero

The majority reaches the most popular decision, under the circumstances, with which I wish I could agree, but I cannot. The~ question is not simply invited error, but whether the court had the authority and power to enter the order of cumulation even if requested by or consented to by the petitioner.

Petitioner was convicted of escape from jail on April 24, 1974, and was assessed a punishment of five (5) years’ imprisonment. On the same date sentence was imposed. No notice of appeal was given. The sentence entered remanded the petitioner to jail until the sheriff could carry out the directions…