Ex Parte Penn

Full title: EX PARTE WILLIAM LEROY PENN, Applicant

Court: Court of Criminal Appeals of Texas

Date published: Jun 21, 2006

No. AP-75,448 (Tex. Crim. App. Jun. 21, 2006)

Opinion

No. AP-75,448

Delivered June 21, 2006. DO NOT PUBLISH.

On Application for a Writ of Habeas Corpus, in Cause Number 765668 in the 179^th Judicial, District Court of Harris County.

OPINION

PER CURIAM.

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, TEX. CODE CRIM.PROC. Applicant was convicted of aggravated assault and after his community supervision was revoked punishment was assessed at imprisonment for four years. No appeal was taken from this conviction. Applicant contends that he has not received credit on this sentence for time he was confined in the Virgin Islands on a warrant in this cause, and has not received credit for that period of confinement. The trial court has entered findings that Applicant was confined in this cause in the Virgin Islands from January 25, 2000, to March 2, 2004. That period exceeds the term of Applicant's sentence, so he is entitled to immediate release. Relief is granted. The Texas Department of Criminal Justice, Correctional Institutions Division, shall credit the sentence in cause number 765668 in the 179^th Judicial District Court of Harris County for the period of January 25, 2000, to March 2, 2004, and immediately release Applicant from custody unless he is being confined on some other cause. Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions Division.