Opinion
No. AP-75,209
Delivered: June 29, 2005. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus Cause Number F-0318344-Wp in the 203rd Judicial District Court Dallas County.
OPINION
This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure. Ex parte Young, 418 S.W.2d 824 (Tex.Crim.App. 1967). Applicant was convicted of the felony offense of assault on a peace officer, and his sentence was assessed at three years imprisonment in addition to a fine in the amount of $2,000. Applicant did not appeal this conviction. In the instant application, Applicant alleges that the Texas Board of Pardons and Paroles denied his due process rights by failing to provide him with adequate notice of the date he was to be reviewed for release on mandatory supervision under the discretionary mandatory supervision statute. Applicant contends that as a result of the Board's failure to provide him with proper notice, he was denied the opportunity to present evidence to the Board to use when making their determination of whether Applicant should be released on mandatory supervision. Based on documentation provided by the Texas Department of Criminal Justice, Review and Release Processing Division, the trial court has entered findings stating that Applicant did not receive notice of the specific month and year that he would be considered for discretionary mandatory supervision release and that Applicant was deprived of the opportunity to submit materials on his behalf. The trial court has recommended that relief be granted. We agree. Applicant is entitled to relief under this Court's opinion in Ex parte Retzlaff, 135 S.W.3d 45, 50 (Tex.Crim.App. 2004). The Board shall review Applicant for release on mandatory supervision within sixty days of the date that the Court's opinion is issued. In doing so, the Board shall provide Applicant with timely notice of the review, which is to be held before the fifty-ninth day, and give Applicant at least thirty days to submit any explanatory material he desires for the Board's consideration when making their determination. Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions Division, Review and Release Division, and the Board of Pardons and Paroles Division.