Wilbur Dean Cox v. The State of Texas, the Governor of Texas, the Texas Bd. Of Pardons & Paroles, the Director of the Texas Dept. Of Corrections

Fifth Circuit

Wilbur Dean Cox v. The State of Texas, the Governor of Texas, the Texas Bd. Of Pardons & Paroles, the Director of the Texas Dept. Of Corrections

433 F.2d 982, 1970 U.S. App. LEXIS 6649

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 3, 1970

Docket29541_1

StatusPublished

This text of 433 F.2d 982 (Wilbur Dean Cox v. The State of Texas, the Governor of Texas, the Texas Bd. Of Pardons & Paroles, the Director of the Texas Dept. Of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wilbur Dean Cox v. The State of Texas, the Governor of Texas, the Texas Bd. Of Pardons & Paroles, the Director of the Texas Dept. Of Corrections, 433 F.2d 982, 1970 U.S. App. LEXIS 6649 (5th Cir. 1970).

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Opinion

PER CURIAM:

This appeal is taken from an order of the district court denying the petition of a Texas state convict for the writ of habeas corpus. We affirm.

Appellant is presently serving a 30 year sentence for robbery by assault imposed in 1947. He was granted a conditional pardon in 1948 which was revoked in 1954, and a parole in 1959 which was revoked in 1963. Appellant in this action complains that pursuant to a Texas statute 1 he was not given credit on his sentence for the time he was at large on conditional pardon and parole. We find no constitutional infirmity in the Texas statute. It is well established that a convict is not entitled to credit for time spent on parole prior to the revocation of his conditioned pardon or parole. Betts v. Beto, 5 Cir. 1970, 424 F.2d 1299; Clifton v. Beto, 5 Cir. 1969, 411 F.2d 1226; Van Horn v. Maguire, 5 Cir. 1964, 328 F.2d 585. The judgment below is affirmed.

1

. Now, Tex.Code Crim.Proc.Ann. Art. 42.12 § 22.

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PER CURIAM:

This appeal is taken from an order of the district court denying the petition of a Texas state convict for the writ of habeas corpus. We affirm.

Appellant is presently serving a 30 year sentence for robbery by assault imposed in 1947. He was granted a conditional pardon in 1948 which was revoked in 1954, and a parole in 1959 which was revoked in 1963. Appellant in this action complains that pursuant to a Texas statute 1 he was not given credit on his sentence for the time he was at large on conditional pardon and parole. We find no constitutional infirmity in the Texas statute. It is well established that a convict is not entitled to credit for time spent on parole prior to the revocation of his conditioned pardon or parole. Betts v. Beto, 5 Cir. 1970, 424 F.2d 1299; Clifton v. Beto, 5 Cir. 1969, 411 F.2d 1226; Van Horn v. Maguire, 5 Cir. 1964, 328 F.2d 585. The judgment below is affirmed.

1

. Now, Tex.Code Crim.Proc.Ann. Art. 42.12 § 22.

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433 F.2d 982, 1970 U.S. App. LEXIS 6649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilbur-dean-cox-v-the-state-of-texas-the-governor-of-texas-the-texas-bd-ca5-1970.

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