From Casetext: Smarter Legal Research

Ex parte Kirkland

Court of Criminal Appeals of Texas
Feb 28, 2024
WR-95,406-01 (Tex. Crim. App. Feb. 28, 2024)

Opinion

WR-95,406-01

02-28-2024

EX PARTE JOSEPH KIRKLAND, Applicant


Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-485-W012385-1724597-A IN THE 485TH DISTRICT COURT FROM TARRANT COUNTY

OPINION

Per curiam.

Applicant was convicted of attempted unlawful possession of a firearm by a felon and sentenced to one year in the state jail. He did not appeal. Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.

Applicant was confined in this case in both Tarrant and Rockwall counties for 393 days before sentencing. The judgment awarded 138 days. The trial court finds that it intended to award all of the pretrial credit. With the award, the trial court finds, "Applicant is entitled to discharge his sentence immediately."

The habeas record supports the trial court's findings. Relief is granted. The sentence imposed in this cause is discharged.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice- Correctional Institutions Division and the Board of Pardons and Paroles.


Summaries of

Ex parte Kirkland

Court of Criminal Appeals of Texas
Feb 28, 2024
WR-95,406-01 (Tex. Crim. App. Feb. 28, 2024)
Case details for

Ex parte Kirkland

Case Details

Full title:EX PARTE JOSEPH KIRKLAND, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Feb 28, 2024

Citations

WR-95,406-01 (Tex. Crim. App. Feb. 28, 2024)