Jason Earl Montgomery v. State Texas

Per Curiam Appellant pleaded guilty to an indictment accusing him of aggravated robbery. Tex. Penal Code Ann. § 29.03 (West
Supp. 1994). After hearing evidence, the court adjudged appellant guilty and assessed punishment, enhanced by previous felony
convictions, at imprisonment for life. The judgment contains an order cumulating the sentence in this cause with the sentence
imposed in cause number CR-92-211 in the 22nd District Court of Hays County. Tex. Code Crim. Proc. Ann. art. 42.08 (West Supp.
1994). Appellant's only point of error is that the evidence does not support the cumulation order. Before a sentence may be cumulated with that imposed following a previous conviction, the previous conviction and sentence
must be proved and the defendant must be identified as the person previously convicted. Turner v. State, 733 S.W.2d 218 (Tex.
Crim. App. 1987). Appellant contends the proof in this cause is insufficient in both respects. The State responds that the
requisite proof is found in the presentence report and in statements by appellant and his attorney at trial.