Cross, Ex Parte John Robert Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: June 13, 2007
• Docket: AP-75,700
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,700 EX PARTE JOHN ROBERT CROSS, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 27,063-361 IN THE 361ST DISTRICT COURT

FROM BRAZOS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of forgery and sentenced to five years' imprisonment. He did not appeal his conviction.

Applicant contends that he is being denied street time credit for which he is entitled. Applicant alleges that he was erroneously released from the Texas Department of Criminal Justice (TDCJ) and was on mandatory supervision for approximately five months, when the parole division realized its mistake and issued a warrant for his arrest due to their erroneous release. In Ex Parte Hale, 117 S.W.3d 866, 873, we held that the statute that applies to those released erroneously from TDCJ is the statute that would apply to prisoners who were correctly released on mandatory supervision at the time Applicant had been released. Applicant had not violated the conditions of his release at the time his mandatory supervision was rescinded.

We find, therefore, that applicant is entitled to jail time credit for the time from the date he was erroneously released to mandatory supervision until the date he was returned to the custody of the Texas Department of Criminal Justice. Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.

Delivered: June 13, 2007

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