Boyer, Ex Parte Michael Blanchard

• Court: Court of Criminal Appeals of Texas
• Decided: June 30, 2004
• Docket: AP-74,970
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,970 EX PARTE MICHAEL BLANCHARD BOYER, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM TARRANT COUNTY

Per Curiam.

O P I N I O N

This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure. Ex parte Young, 418 S.W.2d 824 (Tex. Crim. App. 1967). Applicant was convicted of theft from a person and sentenced to eight years imprisonment. Applicant did not appeal this conviction.

Applicant contends, inter alia, that he has been denied time credit toward the expiration of his sentence for time spent in confinement in Tarrant County pursuant to a pre-revocation or blue warrant.

The trial court has found that Applicant is entitled to twenty-four days of time credit for the period of time he spent in confinement on a pre-revocation warrant, from April 24, 2001 to May 17, 2001. After a review of the record, we have determined that the trial court's finding is correct. Ex parte Canada, 754 S.W.2d 660, 668 (Tex. Crim. App. 1988). Therefore, the Texas Department of Criminal Justice shall credit Applicant's sentence in cause number 0487358D from the 213th District Court of Tarrant County, Texas with twenty-four days of flat time credit. Applicant's remaining claim is denied.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions Division, Review and Release Division, and the Board of Pardons and Paroles Division.

DELIVERED: June 30, 2004

DO NOT PUBLISH