Opinion
No. WR-61,434-05
Filed: January 13, 2010. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus Cause No. 01CR034 in the 349th District Court from Houston County.
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 aggravated assault and sentenced to twelve years' imprisonment. Applicant contends that he was not credited with 9 months and 27 days spent on erroneous release and that he was denied due process when he was being considered for release to parole in 2009. On June 24, 2009, we remanded this application to the trial court for findings of fact and conclusions of law on whether Applicant was erroneously released and, if so, whether he received the proper amount of credit for the time he spent on release. On October 29, 2009, the trial court found, among other things, that Applicant was erroneously released and that on July 16, 2009, he was credited for the time he spent on release. The trial court recommended that we deny. Based on the trial court's findings of fact and conclusions of law and this Court's independent review of the record, Applicant was erroneously released and was credited for the time he spent on release. His time claim is dismissed as moot. His other claims are denied. Accordingly, his application is dismissed in part and denied in part.