IN THE COURT OF CRIMINAL APPEALS
OF TEXAS



NO. 74,565

 

EX PARTE RICHARD SHANE EMBRY, Applicant



ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM GREGG COUNTY

Per Curiam.


O P I N I O N


This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to Article 11.07, 3, et seq., V.A.C.C.P. Applicant was convicted of the offense of Driving While Intoxicated and the punishment was assessed at confinement for four years. No direct appeal was taken from this conviction.

In the current application it is alleged that Applicant was not afforded the protections of due process when he was considered for Mandatory Supervision release. The cause was originally remanded to allow the trial court to gather evidence relative to this claim. Upon review the trial court has found that the notice of consideration of Mandatory Supervision release was not timely given, relying on Ex parte Geiken, 28 S.W.3d 553 (Tex. Crim. App. 2000). That court recommends that relief be granted in the form of a new Mandatory Supervision review by the Board of Pardons and Paroles accompanied by adequate notice to Applicant. We agree with the recommendation in that the record plainly supports the findings and the recommendation by the habeas court.

Accordingly, relief is granted in a limited manner. The Texas Board of Pardons and Paroles shall review Applicant for release to Mandatory Supervision after providing him with adequate timely notice of the date upon which that review is to take place so that he can provide any information that he might wish to provide prior to the actual date of consideration. Ex parte Geiken, supra.



Do Not Publish

Delivered: February 12, 2003