Vela, Kenneth

in which MEYERS, JOHNSON, KEASLER, ALCALA, RICHARDSON, YEARY and NEWELL, JJ„ joined.

We filed and set this habeas application to determine what effect granting a new punishment hearing has on a stacking order. We conclude that the granting of a new punishment hearing removes the sentence from the stacking order. Because the trial judge in the present case did not issue a new order stacking-the new sentence in the re-sentenced case onto the sentence for an existing conviction, applicant’s sentences are running concurrently. We grant relief.

I. BACKGROUND

Applicant was convicted of aggravated…