Malley v. State

Joseph Charles Malley pleaded guilty to two separate indictments for aggravated sexual assault on a child. A plea bargain agreement with the State of Texas placed an upper limit of 25 years on the punishment range. The trial court assessed punishment at 15 years of incarceration in the Texas Department of Criminal Justice, Institutional Division, in each case, and ordered the sentences to be served concurrently. Malley subsequently filed a writ of habeas corpus and obtained an out-of-time appeal. Malley presents a single issue: