Penn, Ex Parte William Leroy

• Court: Court of Criminal Appeals of Texas
• Decided: June 21, 2006
• Docket: AP-75,448
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,448 EX PARTE WILLIAM LEROY PENN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NUMBER 765668 IN THE 179^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 Applicant was convicted of aggravated assault and after his community supervision was revoked punishment was assessed at imprisonment for four years. No appeal was taken from this conviction.

Applicant contends that he has not received credit on this sentence for time he was confined in the Virgin Islands on a warrant in this cause, and has not received credit for that period of confinement. The trial court has entered findings that Applicant was confined in this cause in the Virgin Islands from January 25, 2000, to March 2, 2004. That period exceeds the term of Applicant's sentence, so he is entitled to immediate release.

Relief is granted. The Texas Department of Criminal Justice, Correctional Institutions Division, shall credit the sentence in cause number 765668 in the 179^th Judicial District Court of Harris County for the period of January 25, 2000, to March 2, 2004, and immediately release Applicant from custody unless he is being confined on some other cause..

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

DELIVERED: June 21, 2006

DO NOT PUBLISH