Ex Parte Dantzler

571 S.W.2d 536, 1978 Tex. Crim. App. LEXIS 1185

• Court: Court of Criminal Appeals of Texas
• Decided: June 7, 1978
• Docket: 57612
• Status: Published

Opinions

OPINION

W. C. DAVIS, Judge.

This is an application for writ of habeas corpus, Art. 11.07, Vernon’s Ann.C.C.P.

Petitioner was convicted on a guilty plea of two offenses of theft of property, $200 to $10,000, V.T.C.A., Penal Code, Section 31.03. On November 20, 1975, she was sentenced to two ten-year terms in the Texas Department of Corrections, probated for ten years in Causes F75-3559-JN and F-75-3282-JN. A motion to revoke probation, filed July 27, 1977, is pending in the 195th District Court.

The applicant alleges that she is entitled to relief as the District Court lacked jurisdiction and therefore' the convictions are void. In support of her contention, she argues that Section 34 “Welfare Fraud” of the special Public Welfare Act statute, Article 695c controls over the general V.T. C.A., Penal Code, Section 31.03.

In his findings of fact and conclusions of law, the trial court stated that, “Nowhere in the court’s records of these cases is there any evidence that the charges against petitioner were actually based on welfare fraud. The Court, however, after investí-gating petitioner’s cases has determined that petitioner’s cases were, in fact, based on welfare fraud. '. . . The Court finds that petitioner’s case is governed by Jones v. State, 552 S.W.2d 836 (Tex.Cr.App.1977) . . . and recommends the relief be granted.” We agree.

The application for writ of habeas corpus is granted.

The judgments are reversed and the indictments dismissed.

En banc.