Braden, Ex Parte Robert Edmon

• Court: Court of Criminal Appeals of Texas
• Decided: January 16, 2008
• Docket: AP-75,821
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,821 EX PARTE ROBERT EDMON BRADEN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 344856 IN THE 262^ND DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3. Applicant was convicted of murder and punishment was assessed at confinement for forty years. There was no appeal from this conviction.

Applicant contends that he has not received credit on this sentence for time he was confined as a parole violator. The trial court has entered findings that affidavits submitted by the Texas Department of Criminal Justice, Criminal Institutions and Paroles Divisions, are credible, but contain errors. The court has reviewed those affidavits in conjunction with documents from jails in Florida and found that Applicant was confined on parole violator warrants in this cause for the periods February 3, 1993, to May 12, 1993; September 20, 2000, to January 13, 2001; and from July 27, 2001 to August 30, 2002. The court also found that Applicant has received credit for only part of these periods. Applicant is entitled to relief. Ex parte Price, 922 S.W.2d 957 (Tex.Crim.App. 1996).

Relief is granted in part. The Texas Department of Criminal Justice, Correctional Institutions Division, shall credit the sentence in cause number 344856 in the 262^nd Judicial District Court of Harris County for the periods February 3, 1993, to May 12, 1993; September 20, 2000, to January 13, 2001; and from July 27, 2001 to August 30, 2002.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions and Parole Divisions.

Filed: January 16, 2008

DO NOT PUBLISH