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Ex Parte Waisath Applicant

Court of Criminal Appeals of Texas
Nov 14, 2007
No. AP-75,792 (Tex. Crim. App. Nov. 14, 2007)

Opinion

No. AP-75,792

Delivered November 14, 2007. DO NOT PUBLISH.

On Application For A Writ of Habeas Corpus, Cause No. CR05-00436 In The 294th District Court From Van Zandt County.


OPINION


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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of theft and sentenced to twelve months' imprisonment. No direct appeal was taken. Applicant contends that he is being improperly denied pre-sentence jail time credit and, as a result, he is being illegally confined pursuant to this cause number. The trial court has entered findings of fact and conclusions of law, supported by the record, that Applicant has served the entirety of this sentence and should not be confined pursuant to this cause. The record also reflects that the Texas Department of Criminal Justice, Correctional Institutions Division, currently lists Applicant's discharge date in this cause as February 7, 2008. Relief is granted. The officials of the Texas Department of Criminal Justice, Correctional Institutions Division are ordered to amend Applicant's records to reflect that he has discharged his sentence in Cause No. CR05-00436 in the 294th Judicial District Court of Van Zandt County. Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division, and the Sheriff's Office of Jefferson County.


Summaries of

Ex Parte Waisath Applicant

Court of Criminal Appeals of Texas
Nov 14, 2007
No. AP-75,792 (Tex. Crim. App. Nov. 14, 2007)
Case details for

Ex Parte Waisath Applicant

Case Details

Full title:EX PARTE JEFFREY GALE WAISATH Applicant

Court:Court of Criminal Appeals of Texas

Date published: Nov 14, 2007

Citations

No. AP-75,792 (Tex. Crim. App. Nov. 14, 2007)