Opinion
NO. WR-85,210-01
09-21-2016
EX PARTE MIGUEL HERNANDEZ, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B14231-1 IN THE 198TH DISTRICT COURT FROM KERR COUNTY Per curiam. ORDER
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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of engaging in organized criminal activity and sentenced to imprisonment for four years.
On June 15, 2016, this application was dismissed for non-compliance with TEX. R. APP. P. 73.1. On June 22, 2016, we received a supplement from the Kerr County District Clerk stating, in pertinent part:
Enclosed for submission is the CORRECTED Clerk's Record on the above
mentioned case(s).The record before us now shows this application was in compliance with TEX. R. APP. P. 73.1 at the time it was filed, and we withdraw our previous ruling of dismissal.
The writ was denied for non-compliance. I have reviewed the applicant's original application and the inmate's declaration was signed and part of his original application. I have no knowledge of how it was inadvertently omitted and not included in the clerk's record. However, I feel this error needed to be corrected and brought to the court's attention.
Applicant alleges he was improperly denied release to mandatory supervision and he was not given proper notice regarding his review for release. However, Applicant's attached exhibits reflect that parole officials complied with the requirements of TEX. GOV'T CODE § 508.149 (b), and that Applicant was given sufficient notice regarding his review. See Ex parte Retzlaff, 135 S.W.3d 45 (Tex. Crim. App. 2004). Relief is denied. Filed: September 21, 2016
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