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Sullivan v. State

A jury convicted appellant of four sexual assaults against three victims and sentenced him to 18 years of imprisonment in each case. One of the series of sentences was improperly stacked. A cumulation order in a written judgment may not substantively vary from the cumulation order contained in the trial judge's oral pronouncement of sentence. Because there is no doubt of the trial judge's intent, the cumulation order is reformed and the judgments of the lower courts are affirmed. Court of Criminal Appeals, No. PD-1678-11, 01-09-2013.

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Keller, P.J., delivered the opinion of the Court in which Price, Womack, Johnson, Keasler, Hervey, Cochran and Alcalá, JJ., joined. Meyers, J., filed a dissenting opinion.

A jury convicted appellant of four sexual assaults against three victims and sentenced him to eighteen years of imprisonment in each case. The trial judge ordered some of the sentences to run concurrently and some to run consecutively. One of the sentences that was stacked was not eligible for stacking. This case presents the question of the proper remedy when one of a series of sentences is improperly stacked and whether it matters where in the series the improperly stacked sentence appears. We reform the trial court’s judgment to reflect that the improperly stacked sentence is not stacked and that the two sentences involving different victims are stacked. We also reform the sequence of stacking to conform to the trial judge’s oral pronouncement of sentence.

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