Meaux, Ex Parte Huey Purvis

• Court: Court of Criminal Appeals of Texas
• Decided: May 24, 2006
• Docket: AP-75,415
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-75,411; AP-75,412; AP-75,413; AP-75,414; AP-75,415 EX PARTE HUEY PURVIS MEAUX, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NUMBERS 713946, 714007, 714147, 714148 AND 717652

IN THE 209^TH JUDICIAL DISTRICT COURT OF HARRIS COUNTY

Per curiam.

O P I N I O N

These are post-conviction applications for writs of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07. Applicant pleaded guilty to two felony offenses of sexual assault of a child and possession of cocaine, for which punishment was assessed at fifteen years' and one day confinement. Applicant also pleaded guilty to the felony offenses of bond jumping and possession or promotion of child pornography, for which punishment was assessed at ten years' confinement.

Applicant contends he was denied due process when the Texas Board of Pardons and Paroles revoked his mandatory supervision in the absence of sufficient evidence that Applicant violated the condition of release that prohibited Applicant from possessing "any literature, magazines, books, or videotapes that depict pornography or sexually explicit images." The trial court has entered findings that the photographs on which the Board based its revocation do not constitute "literature, magazines, books or videotapes." The trial court further found that the photos do not depict "pornography or sexually explicit images." It therefore found that Applicant was denied due process.

Habeas corpus relief is granted. The Texas Department of Criminal Justice, Correctional Institutions Division, shall immediately release Applicant to mandatory supervision.

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

DELIVERED: May 24, 2006

DO NOT PUBLISH