Jerry Mccullar v. State Texas

TOM G. DAVIS, Judge On July 6, 1981, appellant pled guilty to three separate indictments for theft, burglary, and burglary of a habitation. Punishment was assessed at ten years in each case but imposition of sentences was suspended and appellant was placed on ten years probation. Probation in the three convictions was revoked on February 3, 1983, and the trial court sentenced appellant to ten years in the theft conviction, ten years in the burglary of habitation conviction cumulated with the theft sentence, and five years1 in the burglary conviction, cumulated with the burglary of a habitation sentence. The Court of Appeals affirmed the convictions but set aside the cumulation orders. See McCullar v. State, 660 S.W.2d 602 (Tex.App. - Fort Worth 1983). We granted the State's petition for discretionary review in order to examine the Court of Appeals' holding that the trial court's cumulation of the sentences was fundamentally unfair.