Ex Parte Davis

OPINION

ONION, Presiding Judge.

This is a habeas corpus proceeding brought under the provisions of Article 11.-07, Vernon’s Ann.C.C.P., wherein the convicting court denied relief.

The question presented appears to be one of first impression. May a judgment granting probation be made cumulative of two concurrent prison sentences so that the term of probation would not commence until the prison terms assessed have been discharged where the cumulation order is found only in the separate order granting probation?

The trial court’s findings reflect that on February 2, 1973, the petitioner waived the…