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Nicholas v. State

As long as the law authorizes the imposition of cumulative sentences, a trial judge has absolute discretion to stack sentences.

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AFFIRMED AS MODIFIED AND OPINION FILED AUGUST 23, 2001.

OPINION

Appellant, Mitchell Ray Nicholas, pled guilty to three indictments for aggravated sexual assault of a child and three indictments for indecency with a child.*fn1 There was no agreed recommendation from the State as to punishment, and the court sentenced appellant to life imprisonment on each conviction–five to run consecutively and the sixth concurrently. In seven points of error, appellant claims his plea was involuntary, his sentence violates state and federal constitutional prohibitions against cruel and unusual punishment, the trial court erred in ordering his sentences to run consecutively, and he received ineffective assistance of counsel. We modify the judgments and affirm them as modified.

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