Wilson, Ex Parte Andrew Lee

• Court: Court of Criminal Appeals of Texas
• Decided: February 1, 2006
• Docket: AP-75,327
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,327 EX PARTE ANDREW LEE WILSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS IN

CAUSE NO. 925069 IN THE 299^th JUDICIAL DISTRICT

COURT OF TRAVIS COUNTY

Per curiam.

O P I N I O N

This is a post-conviction applications for a writ of habeas corpus filed pursuant to Article 11.07, TEX.CODE CRIM.PROC. Applicant was convicted of burglary of a habitation and punishment was assessed at imprisonment for twenty years. No appeal was taken from this conviction.

Applicant contends that he should receive credit on this sentence for all of the time between his release on mandatory supervision and his revocation. The trial court has entered findings that Applicant did not serve at least half of his remaining sentence before the issuance of the parole violator warrant on which he was revoked, so is not entitled to credit for the time he was not in custody. However, the court also finds Applicant was confined on parole violator warrants on five occasions for a total of 324 days, and has received credit for only 287 days. Applicant is entitled to relief. Ex parte Price, 922 S.W.2d 957 (Tex.Cr.App. 1996).

Relief is granted. The Texas Department of Criminal Justice, correctional institutions division, shall credit the sentence in cause number 925069 from the 299^th Judicial District Court of Travis County for an additional 37 days.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, correctional institutions and parole divisions.

DELIVERED: February 1, 2006

DO NOT PUBLISH