Maddux, Ex Parte James Howard

• Court: Court of Criminal Appeals of Texas
• Decided: June 28, 2006
• Docket: AP-75,465
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,465 EX PARTE JAMES HOWARD MADDUX, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NUMBER 589438 IN THE 338^TH JUDICIAL

DISTRICT COURT OF HARRIS COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, TEX.CODE CRIM.PROC. Applicant was convicted of possession of cocaine and punishment was assessed at imprisonment for twenty years. No appeal was taken from this conviction.

Applicant contends that he has not received credit on this sentence for time he was confined as a parole violator. The trial court has entered findings that Applicant was confined on a parole violator warrant from August 18, 1993, to March 23, 1994; from January 21, 1995, to January 3, 1996; and from February 18, 1998, to March 2, 1998, and has not received credit for those periods of confinement. Applicant is entitled to relief. Ex parte Price, 922 S.W.2d 957 (Tex.Crim.App. 1996).

Relief is granted. The Texas Department of Criminal Justice, Correctional Institutions Division, shall credit the sentence in cause number 589438 in the 338^th Judicial District Court of Harris County for the periods August 18, 1993, to March 23, 1994; January 21, 1995, to January 3, 1996; and February 18, 1998, to March 2, 1998.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions and Parole divisions.

DELIVERED: June 28, 2006

DO NOT PUBLISH