Opinion
WR-75,456-02
08-23-2023
IN RE ELIOTT NATHANIEL GUERRERO, Relator
Do not publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NOS. 1073367 & 1026226 IN THE 262ND DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM.
Relator has filed a motion for leave to file an application for a writ of mandamus under this Court's original jurisdiction. He contends that his consecutive sentences and his resulting parole eligibility had been improperly calculated by the Texas Department of Criminal Justice and the Texas Board of Pardons and Paroles. Upon recalculation, Relator contends that the Texas Board of Pardons and Paroles should have complied with Section 508.150 of the Texas Government Code and designated the date Relator would have been eligible for release on parole if he had been sentenced to serve a single sentence. He claims he has attempted to have this lack of designated date rectified with both the Texas Department of Criminal Justice and the Texas Board of Pardons and Paroles but neither has taken action responsive to his request to certify the date he would have been eligible for release to parole on his first of two consecutive sentences.
Respondent, the Texas Board of Pardons and Paroles, shall respond by filing an affidavit with this Court detailing how Relator's time credit was calculated and when any changes were made to that calculation. It shall state when the first sentence in the stacked series ceased to operate and how they calculated that date. The affidavit shall also state whether Relator was reviewed for parole on the first of the stacked sentences, and if he was not, but should have been, will determine whether he would have been voted to parole had he been properly reviewed under the law. The affidavit may also contain any other information Respondent believes would be helpful to the Court in resolving these issues.
This motion for leave to file will be held. Respondent shall comply with this order within thirty days from the date of this order.