Canada, Ex Parte Roger Lee

Court of Criminal Appeals of Texas

Canada, Ex Parte Roger Lee

DecidedNovember 9, 2005

DocketAP-75,297

StatusPublished

This text of Canada, Ex Parte Roger Lee (Canada, Ex Parte Roger Lee) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Canada, Ex Parte Roger Lee, (Tex. 2005).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 75,297 EX PARTE ROGER LEE CANADA, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM CAUSE NO. 2002CR4562W IN THE 226^TH JUDICIAL DISTRICT COURT OF BEXAR 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 pleaded guilty to possession of a controlled substance on July 10, 2002 in exchange for a one-year state jail sentence. Applicant did not appeal this conviction. On the day of his sentencing, July 13, 2002, Applicant was erroneously released from custody. He was re-arrested more than two years later, and began serving his state jail sentence on February 22, 2005.

Applicant contends, inter alia, that he has been denied time credit toward the expiration of his sentence for the time when he was erroneously released, through no fault of his own. With credit for this time, Applicant would have discharged his sentence.

The trial court has found that Applicant is entitled to credit for the period of time he spent erroneously released. After a review of the record, we have determined that the trial court's finding is correct. Ex parte Hale, 117 S.W.3d 866, 872 (Tex. Crim. App. 2003). Therefore, the Texas Department of Criminal Justice State Jail Division shall credit Applicant's sentence in cause number 2002CR4562W from the 226^th Judicial District Court of Bexar County, Texas with all of the time from the date of Applicant's erroneous release, on July 13, 2002, until his arrest on February 22, 2005, thereby causing his sentence to be discharged.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, State Jail Division, and the Board of Pardons and Paroles Division.

DELIVERED:

DO NOT PUBLISH

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 75,297 EX PARTE ROGER LEE CANADA, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM CAUSE NO. 2002CR4562W IN THE 226^TH JUDICIAL DISTRICT COURT OF BEXAR 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 pleaded guilty to possession of a controlled substance on July 10, 2002 in exchange for a one-year state jail sentence. Applicant did not appeal this conviction. On the day of his sentencing, July 13, 2002, Applicant was erroneously released from custody. He was re-arrested more than two years later, and began serving his state jail sentence on February 22, 2005.

Applicant contends, inter alia, that he has been denied time credit toward the expiration of his sentence for the time when he was erroneously released, through no fault of his own. With credit for this time, Applicant would have discharged his sentence.

The trial court has found that Applicant is entitled to credit for the period of time he spent erroneously released. After a review of the record, we have determined that the trial court's finding is correct. Ex parte Hale, 117 S.W.3d 866, 872 (Tex. Crim. App. 2003). Therefore, the Texas Department of Criminal Justice State Jail Division shall credit Applicant's sentence in cause number 2002CR4562W from the 226^th Judicial District Court of Bexar County, Texas with all of the time from the date of Applicant's erroneous release, on July 13, 2002, until his arrest on February 22, 2005, thereby causing his sentence to be discharged.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, State Jail Division, and the Board of Pardons and Paroles Division.

DELIVERED:

DO NOT PUBLISH

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