This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of possession of more than five pounds of marihuana and punishment was assessed at five years imprisonment. No appeal was taken from this conviction.
Applicant contends that he was denied release on discretionary mandatory supervision before he was notified that he was going to be reviewed on whether he would be released. The trial court has entered findings that Applicant was sent notice that he would be reviewed for release on discretionary mandatory supervision. However, the record shows this notice was sent three months after Applicant was denied release on discretionary mandatory supervision, and therefore was not timely. Applicant is entitled to relief. Ex parte Geiken, 28 S.W.3d 553 (Tex. Crim. App. 2000).
Relief is granted. The original denial of Applicant's release on mandatory supervision is set aside. The Texas Board of Pardons and Paroles shall provide Applicant with a new review within thirty days of the date mandate issues in this cause, or the Texas Department of Criminal Justice, institutional division, shall release Applicant on mandatory supervision on that date if he is otherwise eligible for release on that date.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, institutional and pardons and paroles divisions, and to the Board of Pardons and Paroles.
DELIVERED: April 2, 2003
DO NOT PUBLISH