Webb, Jimmy D.

• Court: Court of Criminal Appeals of Texas
• Decided: February 28, 2007
• Docket: WR-60,468-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-60,468-02 EX PARTE JIMMY D. WEBB, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-94-1149-E IN THE 367^TH JUDICIAL DISTRICT COURT

FROM DENTON COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to indecency with a child, and originally received deferred adjudication community supervision. His guilt was later adjudicated, and he was sentenced to ten years' imprisonment.

Applicant alleged that he was being improperly denied release to mandatory supervision because TDCJ was classifying this conviction as ineligible for mandatory supervision by statute. We remanded this application to the trial court for findings of fact and conclusions of law.

The trial court obtained an affidavit from TDCJ - Correctional Institutions Division Classification and Records Department. According to that affidavit, Applicant's conviction for indecency with a child is not eligible for mandatory supervision release by statute. The trial court correctly finds that the affidavit is incorrect in this respect, because on the date the offense was committed, indecency with a child was not a mandatory-supervision ineligible offense. However, the affidavit also indicates that Applicant is serving a concurrent ten-year sentence for a sexual assault committed in 1992. In 1992 and at present, a second degree felony sexual assault conviction is not eligible for mandatory supervision release by statute. Therefore, although Applicant is technically eligible for mandatory supervision on the indecency conviction, he will not be released to mandatory supervision because of the concurrent sentence for the ineligible sexual assault conviction.

Relief is denied.

Filed: February 28, 2007

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