Hill, Ex Parte Curtis Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: May 24, 2006
• Docket: AP-75,416
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,416 EX PARTE CURTIS WAYNE HILL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NO. 29,120-A IN THE 66^TH JUDICIAL DISTRICT COURT OF HILL 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. Applicant pleaded guilty to the felony offense of theft, and punishment was assessed at five years' confinement, probated for five years. No direct appeal was taken. Applicant's probation was revoked, and he was granted shock probation. The shock probation was revoked, and Applicant was sentenced to five years' imprisonment.

Applicant alleges that he is being improperly denied credit for various periods of incarceration, and that he should have served all but two months of his five-year sentence. This Court remanded to the trial court for additional findings addressing Applicant's claims. After remand, the trial court has determined that Applicant is entitled to an additional nineteen days of credit. The trial court's findings are supported by the record.

Habeas corpus relief is granted in part, in that we order that Applicant's sentence be credited with an additional nineteen days, as recommended by the trial court. A copy of this opinion will be sent to TDCJ-CID and the Board of Pardons and Paroles.

DELIVERED: May 24, 2006

DO NOT PUBLISH