Opinion
NO. WR-85,021-01
09-21-2016
EX PARTE RAMON W. ORTEGA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2007-416 ,101-A IN THE 364th DISTRICT COURT FROM LUBBOCK 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 driving while intoxicated and sentenced to imprisonment for nine years.
This application was dismissed on May 18, 2016, for non-compliance with the procedural requirements of TEX. GOV'T CODE § 501.0081. However, the record in this case now reflects that Applicant filed a timely supplement with the district clerk on May 6, 2016, providing proof that he had submitted his time credit claim to the Texas Department of Criminal Justice's time credit resolution system and he had received a negative reply on April 6, 2016, a date prior to the filing of his application with the district clerk on April 25, 2016. Therefore, the record reflects that Applicant is in compliance with the procedural requirements of § 501.0081, and we withdraw our previous ruling of dismissal.
Applicant alleges he is being improperly denied credit for a time period he spent on release to parole prior to that release being revoked. The record before us reflects that Applicant is not entitled to this credit pursuant to the provisions of TEX. GOV'T CODE § 508.283(b). Relief is denied. Filed: September 21, 2016
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