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Ex parte Gonzalez

COURT OF CRIMINAL APPEALS OF TEXAS
Apr 18, 2012
NO. WR-15,317-06 (Tex. Crim. App. Apr. 18, 2012)

Opinion

NO. WR-15,317-06

04-18-2012

EX PARTE ERASMO GONZALEZ, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1987-CR-4564

IN THE 175TH JUDICIAL DISTRICT FROM BEXAR COUNTY

Per curiam . A LCALA, J. dissents.

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 delivery of a cocaine and was sentenced to life imprisonment.

Applicant contends that he is entitled to time credit for time spent in federal custody on a different charge because the Texas Department of Criminal Justice issued a parole violator's warrant based on that new charge on November 20, 2001 but did not execute that warrant until February 1, 2008. He alleges that the delay in executing the warrant was arbitrary, denied his due process rights, and subjected him to double punishment. Applicant has not provided any legal support for his allegations.

On January 25, 2012, the trial court signed findings of fact and conclusions of law recommending that relief be granted. The trial court relies on law relevant to the revocation of community supervision, not the application of jail time credit in a parole revocation, to recommend granting relief. Such analysis is not persuasive to this Court.

Based on this Court's independent review of the entire record, we deny relief. Do not publish


Summaries of

Ex parte Gonzalez

COURT OF CRIMINAL APPEALS OF TEXAS
Apr 18, 2012
NO. WR-15,317-06 (Tex. Crim. App. Apr. 18, 2012)
Case details for

Ex parte Gonzalez

Case Details

Full title:EX PARTE ERASMO GONZALEZ, Applicant

Court:COURT OF CRIMINAL APPEALS OF TEXAS

Date published: Apr 18, 2012

Citations

NO. WR-15,317-06 (Tex. Crim. App. Apr. 18, 2012)