Opinion
NO. WR-85,192-01
10-12-2016
EX PARTE MORRIS LANDON JOHNSON II, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR13895A IN THE 266TH DISTRICT COURT FROM ERATH 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 forgery and sentenced to ten years' imprisonment. The Eleventh Court of Appeals affirmed his conviction. Johnson v. State, No. 11-13-00174-CR (Tex. App.—Eastland, June 5, 2015)(not designated for publication).
Applicant contends that he is being denied parole review in this case. This is the first in a stacked series of cases. He contends that since the Texas Board of Pardons and Paroles is not timely reviewing this case for parole, he is being denied the possibility that this case would cease to operate and allow the second sentence in the stacked series to begin. We order that this application be filed and set for submission to determine whether the Texas Board of Pardons and Paroles' current practice of holding a parole vote for only an offender's "holding" case is proper when the sentence in question affects when a second, stacked, sentence begins to run. The parties shall brief these issues. The Texas Department of Criminal Justice's Office of the General Counsel is also invited to file a brief in this cause.
The trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. TEX. CODE CRIM. PROC. art 26.04. The trial court shall send to this Court, within 30 days of the date of this order, a supplemental transcript containing either the order appointing counsel or a statement that Applicant is not indigent.
All briefs shall be filed with this Court within 60 days of the date of this order. A copy of this order shall be sent to the Texas Department of Criminal Justice's Office of the General Counsel. Filed: October 12, 2016
Do not publish