McCoin, Ex Parte Benjamin Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: September 15, 2004
• Docket: AP-75,004
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 75,004 EX PARTE BENJAMIN WAYNE McCOIN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM RED RIVER 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 tex. code crim. proc. art. 11.07. Applicant was convicted of attempted capital murder. Punishment was assessed at ninety-nine years imprisonment. Applicant's conviction was affirmed on direct appeal. McCoin v. State, 56 S.W.3d 609 (Tex. App.Texarkana, 2001).

Applicant contends that he is being denied time credit for a period he spent in federal custody while under a detainer placed by the Texas authorities.

The trial court has filed findings of fact and conclusions of law, supported by the record, recommending that relief be granted. While this Court is not bound by the trial court's findings, we should follow them where they are supported by the record. Ex parte Brandley, 781 S.W.2d 886 (Tex. Crim. App. 1989).

Relief is granted. The officials at the Texas Department of Criminal Justice -- Correctional Institutions Division, are hereby ordered to amend Applicant's records to reflect additional jail time credit, in Cause Number 76-CR-10-99 in the 102nd Judicial District Court of Red River County, for the period from September 17, 1992, until October 20, 1999.

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

DELIVERED: September 15, 2004

DO NOT PUBLISH