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delivered the opinion of the Court in which
This ease presents a complex problem involving the stacking of sentences and eligibility for mandatory supervision. What is important to keep in mind as we wade through a series of āsavings clausesā is not to confuse the when of eligibility for release with the whether of eligibility for release. Running a sentence for a pre-1987 offense consecutively with a sentence for a post-1987 offense affects when an inmate is eligible to be released on mandatory supervision on the sentence for the later offense (if he can become eligible) but it does not affect whether the inmate is
I. BACKGROUND
Applicant committed an aggravated robbery in 1986. He was convicted of that offense in 1992, and punishment was assessed at confinement for eight years. Applicant was eligible for mandatory supervision on that sentence.
The Texas Department of Criminal Justice (TDCJ) has calculated applicantās sentences in the following manner: It first determined the mandatory supervision release date for the first sentence (aggravated robbery) in isolation and then it added the entire term of the second sentence (possession of a firearm) to that date to arrive at an overall mandatory supervision release date. Thus, TDCJ treated the second sentence as ineligible for mandatory supervision by delaying mandatory supervision release on the first sentence until the entire period of the second sentence had passed. Applicant contends that, due to a savings clause that affects his first sentence, both of his sentences should be added together and treated as a single eighteen-year sentence that is eligible for mandatory supervision in its entirety. As a result of his proposed calculations, applicant contends that he is entitled to be released to mandatory supervision immediately.
II. ANALYSIS
A. The Changes in the Statutory Scheme
Before September 1, 1987, consecutive sentences were āadded together and treated as one sentenceā for the purpose of determining eligibility for release on parole and mandatory supervision
But the Legislature made another significant change in the law in 1987 that is relevant to the present case: it amended § 8(c) to specify, for the first time, that sentences for certain offenses would no longer be eligible for the mandatory supervision program.
B. The Savings Clauses
The change in law made by Section 7 of this Act by adding Subsection (d) to Section 8, Article 42.18, Code of Criminal Procedure ... applies only to a prisoner sentenced to serve consecutive sentences if each sentence in the series is for an offense committed on or after the effective date of this Act. If any sentence in the series is for an offense committed before the effective date of this Act, the prisonerās eligibility for parole is covered by the law in effect when that offense was committed and the former law is continued in effect for that purpose.14
This savings provision retains prior law with respect to the stacking of sentences if any of the sentences in the series was for an offense committed before the effective
Neither part of the savings clause paragraph applies to the subsection (c) amendments specifying that sentences for certain offenses would be ineligible for the mandatory supervision program. The subsection (c) amendments were covered by a different savings clause paragraph:
The change in the law made by Section 7 of this Act to Section 8(c), Article 42.18, Code of Criminal Procedure ... applies to a defendantās eligibility for release to mandatory supervision only if the defendant is sentenced for an offense committed on or after the effective date of this Act.15
This savings clause contained the more traditional wording, applying the change in the law to offenses committed after the effective date of the statutory amendment while retaining prior law for offenses committed before the effective date. This more traditional type of savings clause was used when the Legislature later expanded mandatory supervision ineligibility to inmates with prior convictions that were on the ineligibility list.
So, while the savings clause applicable to § 8(d) requires that we use pre-1987 law for determining when an inmate is eligible for mandatory supervision on the sentence for his post-1987 offense, the savings clause applicable to § 8(c) requires that we use post-1987 law to determine whether he is eligible for mandatory supervision on that sentence. A seeming conflict occurs because whether an inmate is eligible for mandatory supervision affects when he is eligible for mandatory supervision (never) and makes it difficult to calculate multiple sentences as a unit when at least one of the sentences can become eligible for mandatory supervision and one of the sentences cannot.
C. Reconciling the Provisions
When engaging in statutory construction, we generally presume that āthe entire statute is intended to be effective.ā
The Legislature specifically sought to deny the benefit of mandatory supervision to offenders who committed certain types of offenses. Permitting the § 8(d) savings
Even when stacking is not mandatory, however, frustration of the Legislatureās intent would still be evident. A trial judge who stacks a sentence does so to punish the defendant more harshly than if the sentences run concurrently, but the applicantās position, if adopted, would allow the reverse to occur. The present case is a good example: The applicant was sentenced in 1999 for ten years on a mandatory-supervision-ineligible sentence. Had that sentence been run concurrent to the prior sentence, TDCJ would have been required to release the applicant in 2009, when the sentence discharged (although he could have been paroled before then). Applicants position would require TDCJ to release him immediately, even though the trial court undoubtedly believed he was punishing applicant more severely by running the sentences consecutively.
The statutory provisions can be harmonized to avoid such odd results. When sentences involving both pre- and post-1987 offenses are stacked, the savings clause relating to § 8(d) would operate in a straightforward fashion to treat those sentences as one unit under prior law for the purpose of determining parole eligibility and for determining when the sentences discharge. The sentences would likewise be treated as one unit for the purpose of determining when a defendant is eligible for release on mandatory supervision for all sentences that are designated as eligible for mandatory supervision. The savings clause relating to § 8(c)(and savings clauses relating to subsequent amendments to that subsection) would be given effect by denying mandatory supervision release for a period of time represented by all mandatory-supervision-ineligible sentences. Under this scheme, TDCJ would first calculate a release date for mandatory supervision for all the mandatory-supervision-eligible sentences as a unit, and then it would add the length of any mandatory-supervision-ineligible sentences to arrive at a final mandatory supervision release date. That is the procedure followed by TDCJ in the present case.
We deny relief.
. See Tex.Code Crim. Proc. art. 42.18, § 8(c)(West 1986).
. See Tex. Govāt Code § 508.149(a)(ll)(West 1998)(a person is ineligible for mandatory supervision if he āhas been previously convicted of ... a first degree felony under Section 29.03 [aggravated robbery]ā).
. Hannington v. State, 832 S.W.2d 355, 355 (Tex.Crim.App.1992).
. Ex parte Cowan, 171 S.W.3d 890, 893 n. 7 (Tex.Crim.App.2005).
. See Hannington and Cowan, cited above. In relevant part, the statute provided, "When two or more sentences are to be served consecutively and not concurrently, the aggregate of the several terms shall be considered the term for the purposes of this Article.ā Tex Rbv.Civ. St. art. 6181-1, § 1(4).
. Tex.Code Crim. Proc. art. 42.18, § 8(d)(West 1988); Hannington, 832 S.W.2d at 355.
. Ex parte Ruthart, 980 S.W.2d 469, 471-74 (Tex.Crim.App.1998)(construing art. 42.18, § 8(c), (d)).
. Acts 1987, 70th Leg., Ch. 1101 (S.B.341), § 7.
. Acts 1987, 70th Leg., Ch. 384 (H.B.680), § 5; see also Ex parte Choice, 828 S.W.2d 5, 6 (Tex.Crim.App.1992)(discussing the duplicate provisions).
. Acts 1989, 71st Leg., Ch. 785 (H.B.2335), § 5.01; see also Choice, 828 S.W.2d at 6.
. Acts 1987, Ch. 1101, § 7 (amending § 8(c)); see also Acts 1987, Ch. 384, § 6.
. Acts 1995, Ch. 263 (H.B.1433), § 1, effective Sept. 1, 1996.
. The portions of Article 42.18 at issue were recodified in 1997 into various provisions of § 508 of the Government Code. Applicantās second offense was committed after the reco-dification. TDCJ contends that the savings clauses found in the 1987 amendments to Article 42.18 are no longer effective because the Legislature did not carry forward the enabling clause when the recodification occurred. But the codifying legislation did contain a provision that retained the savings clauses under the prior law:
(a) A transition or saving provision of a law codified by this Act applies to the codified law to the same extent as it applied to the original law.
(b) The repeal of a transition or saving provision by this Act does not affect the application of the provision to the codified law.
(c) In this section, "transition provisionā includes any temporary provision providing for a special situation in the transition period between the existing law and the establishment or implementation of the new law.
So the savings clauses found in the 1987 amendments did carry over into the 1997 recodification.
.Acts 1987, Ch. 1101, § 18(e)(emphasis added). See also Acts 1987, Ch. 384, § 8 (savings clause for duplicate provision).
. Acts 1987, Ch. 1101, § 18(c)(emphasis added). See also Acts 1987, Ch. 384, § 9.
. Acts 1995, Ch. 263, § 3.
. Tex. Gov't Code § 311.021.
. Tex. Govāt Code § 311.025(b).
. Tex.Code Crim. Proc. art. 1.26. Arguably this provision overrides the "rule of lenity.ā It is more strongly worded than the Penal Code counterpart that provides, āThe rule that a penal statute is to be strictly construed does not apply to this code. The provisions of this code shall be construed according to the fair import of their terms, to promote justice and effect the objectives of the code.ā Tex. Pen.Code § 1.05(a). Even if the "rule of lenityā applies to the construction of the Code of Criminal Procedure, it provides the rule of decision only "when both alternative choices or definitions are more-or-less equally reasonable.ā Cuellar v. State, 70 S.W.3d 815, 823 n. 8 (Tex.Crim.App.2002)(Cochran, J., concurring).
. Tex.Code Crim. Proc. art. 42.08(b).
. See Tex. Govāt Code § 508.149(b); see also Tex.Code Crim. Proc. art. 42.18, § 8(c-l)(West 1996).