Opinion
Civil Action No. 6:02-CV-014-C
April 17, 2002
ORDER
On this day the Court considered the Petition for Writ of Habeas Corpus by a Person in State Custody filed pursuant to 28 U.S.C. § 2254 by Petitioner Ralph Sherman Wilkins. Respondent Cockrell filed an Answer with Brief in Support and the relevant state court records. Petitioner has filed a response and objections to Respondent's Answer.
Respondent has lawful custody of Petitioner pursuant to a judgment and sentence from the 119th Judicial District Court of Tom Green County, in cause number B-97-0387-S, styled The State of Texas v. Ralph Sherman Wilkins. In cause number B-97-0387-S, Petitioner pleaded guilty to the felony offense of assault on a public servant on June 20, 1997, and was sentenced to ten years' community supervision (probation). On September 28, 1998, Petitioner's community supervision was revoked and he was sentenced to seven (7) years' incarceration in the Texas Department of Criminal Justice, Institutional Division ("TDCJ-ID"). Petitioner did not appeal his conviction and sentence or the revocation of his parole.
On August 14, 2001, Petitioner filed a state habeas application challenging the denial of credit for time spent in the Tom Green County Jail. The state habeas court made the following findings:
1. On June 20, 1997, "[a]s a condition of probation it was provided `(d) Defendant shall submit to a 180 days period of confinement in the Tom Green County Jail to commence from June 10 (sic) 1997 (credited from that time)[.]'"
2. On March 16, 1999, Defendant filed a motion for time credits for period March 23, 1998 to August 4, 1998[.]
3. On May 7, 1999, District Judge Tom Alcala by letter advised defendant that the judgment and sentence correctly stated all time credits on the sentence (Attachment 9)[.]
4. The memorandum from the Tom Green County Sheriff's office (Attachment 12) shows that Wilkins was confined in the Tom Green County jail [from] 4/25/97 [to] 12/17/97 [for a total of] 237 [days] and [from] 3/24/98 [to] 1/05/98 [for a total of] 288 [days.]
5. The Order revoking Probation and Sentence is dated September 28, 1998 (Attachment 7). It gives Wilkins credit on his sentence for qualifying presentence confinements [from] 4/25/97 [to] 6/20/97 [for a total of] 57 [days] and [from] 3/24/98 [to] 9/28/98 [for a total of] 189 [days.]
6. I find that Wilkins was confined in the Tom Green County Jail for a period of time for which he did not receive credit on his sentence: [from] 6/21/97 [to] 12/17/97 [for a total of] 180 [days.]
7. I further find that Wilkins is NOT entitled to credit on his sentence for this 180 days because this period of confinement [w]as a condition of community supervision (probation). The imposition of such a condition is expressly authorized by Article 42.12. § 12(a). Texas Code of Criminal Procedure . . . .
The state habeas court concluded that Wilkins' claim for credit on his sentence of the 180 days was without merit and recommended that his-state application be denied. The Texas Court of Criminal Appeals then denied the application without written order on the findings of the trial court without a hearing on January 23, 2002.
In the instant habeas petition. Petitioner complains only that he has been denied credit for six months and five days that he spent in the Tom Green County Jail. The Court has considered the Petition, Respondent's Answer, the state court records, and Petitioner's objections, and finds that for the reasons set forth in Respondent's Answer, the Petition should be denied as time-barred and alternatively for failure to demonstrate, that the state court adjudication "resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law," or "that was based on an unreasonable determination of the facts." 28 U.S.C. § 2254(d).
It is, therefore. ORDERED that Petitioner's Petition for Writ of Habeas Corpus is denied and dismissed with prejudice.
All relief not expressly granted is denied and all pending motions are denied.