Lopez, Ernesto Martinez

• Court: Court of Criminal Appeals of Texas
• Decided: March 29, 2006
• Docket: WR-47,525-06
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-47,525-06

EX PARTE ERNESTO MARTINEZ LOPEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W57-03309-J IN THE CRIMINAL DISTRICT COURT NO. 3

DALLAS COUNTY

Per curiam.

O R D E R

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 Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offense of murder with malice, and punishment was assessed at death. His sentenced was commuted to life confinement on April 7, 1961. Applicant's conviction was affirmed on appeal. Lopez v. State, No. 31,371 (Tex. Crim. App., delivered June 25, 1960); see 339 S.W.2d 906 (Tex. Crim. App. 1960).

After a review of the record, we find that Applicant's claims that challenge his conviction are dismissed as a subsequent application. Tex. Code Crim. Proc. Art. 11.07, § 4(a)-(c).

Further, Applicant's time credit and parole release claims are without merit. An offender is not entitled to credit against his sentence for time spent out of custody following an escape. Cf. Ex parte Downey, 471 S.W.2d 576, 577 (Tex. Crim. App. 1971), overruled on other grounds. Additionally, the decision whether to release an inmate, even though he is eligible for parole, remains within the sound discretion of the Board of Pardons and Paroles. Ex parte Geiken, 28 S.W.3d 553, 556 (Tex. Crim. App. 2000). Therefore, we deny relief.

DELIVERED: March 29, 2006

DO NOT PUBLISH