Suarez, Ex Parte Juan Miguel

• Court: Court of Criminal Appeals of Texas
• Decided: February 11, 2004
• Docket: AP-74,892
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,892 EX PARTE JUAN MIGUEL SUAREZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM FORT BEND COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of deadly conduct and punishment was assessed at 9 years in prison. This conviction was affirmed. Suarez v. State, No. 14-99-00704-CR (Tex.App. - Houston [14th], opinion delivered November 2, 2002).

In his present application, Applicant contends that he is not receiving credit for time that he spent in federal custody while he was also serving this sentence. The trial court finds that Applicant was in federal custody for an additional 554 days for which he is not receiving credit. The trial court recommends granting relief. We agree.

Habeas corpus relief is granted to the extent that in cause number 30207 from the 240th Judicial District Court of Fort Bend County, the Texas Department of Criminal Justice, Institutional Division, is ordered to grant Applicant additional credit for the above-mentioned 554 days.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Institutional Division, Paroles Division, and Board of Pardons and Paroles Division.

DELIVERED: February 11, 2004

DO NOT PUBLISH