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430 S.W.2d 209

Ex parte Gardner

Court of Criminal Appeals of Texas · decided 1968-06-19

Relies on Ex Parte Bazemore

Decided 1968-06-19

¶1OPINION

BELCHER, Judge.

¶2This is an application for writ of habeas corpus under Art. 11.07 Vernon’s Ann.C.C. P., brought by relator seeking his release from the Texas Department of Corrections. The relator contends that he is illegally confined on the ground that the order cumulat-ing the sentences by virtue of which he is confined is insufficient.

¶3This is a companion case to Ex parte Bazemore, 430 S.W.2d 205 No. 41,411, this day decided.

¶4The sole ground of error presented by the appellant is the same as that considered by this court in denying the petition for writ *210of habeas corpus m Ex parte Bazemore, supra.

¶5For the reasons heretofore stated, the petition for writ of habeas corpus is denied.

¶6DISSENTING OPINION

ONION, Judge.

¶7For the same reasons set forth in my dissenting opinion in Ex parte Bazemore, Tex.Cr.App., 430 S.W.2d 205 (No. 41,411) this day decided, I respectfully dissent in this cause.

MORRISON, J., joins in this dissent.
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