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In re Harp

State of Texas in the Fourteenth Court of Appeals
Mar 3, 2020
NO. 14-20-00140-CV (Tex. App. Mar. 3, 2020)

Opinion

NO. 14-20-00140-CV

03-03-2020

IN RE CELINA JEAN HARP, Relator


ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS
345th District Court Travis County, Texas
Trial Court Cause No. D-1-AG-15-002375

MEMORANDUM OPINION

On February 12, 2020, relator Celina Jean Harp filed a petition for writ of habeas corpus in this Court. See Tex. Gov't Code § 22.221; see also Tex. R. App. P. 52. In the petition, relator claims that the Order Revoking Suspension and for Commitment, signed on January 29, 2020 by the Honorable Eric Shepperd, is void because it (1) is based on an expired and void underlying order of enforcement, and (2) wrongfully denies her entitlement to "good conduct time credit" while she is incarcerated. She requests that she be discharged from confinement. We conclude that the order is not void, but it improperly denies her entitlement to good conduct time credit. See Ex parte Roosth, 881 S.W.2d 300, 301 (Tex. 1994) (orig. proceeding) ("A trial court has no authority to limit the operation of the good behavior credit.").

Accordingly, we grant in part her petition for writ of habeas corpus, such that the provision barring good conduct time credit is stricken from the trial court's January 29, 2020 order. See id. All other requested relief is denied.

PER CURIAM Panel consists of Justices Wise, Jewell, and Poissant.


Summaries of

In re Harp

State of Texas in the Fourteenth Court of Appeals
Mar 3, 2020
NO. 14-20-00140-CV (Tex. App. Mar. 3, 2020)
Case details for

In re Harp

Case Details

Full title:IN RE CELINA JEAN HARP, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Mar 3, 2020

Citations

NO. 14-20-00140-CV (Tex. App. Mar. 3, 2020)