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 engaging in organized criminal activity and the punishment was assessed at confinement for five years. No direct appeal was taken from this conviction.
In the current application, Applicant alleges that he was improperly denied release on mandatory supervision. The Applicant alleges that the Parole Board voted to release him on mandatory supervision on his projected release date, but before that date came, the Parole Board decided not to release him because he had been convicted of an offense ineligible for mandatory supervision release.
V.T.C.A. Gov't Code §508.147, provides that a parole panel shall order the release of an inmate who is not on parole to mandatory supervision when the actual calendar time the inmate has served plus any accrued good conduct time equals the term to which the inmate was sentenced. V.T.C.A. Gov't Code §508.149, includes a list of offenses that are ineligible for mandatory supervision release and provides for an inmate's release to be subject to the discretion of the Parole Board. In the instant case, the record reflects that the Parole Board voted to release Applicant to mandatory supervision on his projected release date. But, before that date arrived, the Board voted to withdraw the previous vote because Applicant was determined not to be eligible for mandatory supervision release due to his offense of burglary of a habitation being a first degree felony. However, the Applicant was not convicted of the first degree felony offense of burglary of a habitation, rather, Applicant was convicted of the first degree felony offense of engaging in organized criminal activity. V.T.C.A. Penal Code §71.02. And engaging in organized criminal activity is not listed among the offenses ineligible for mandatory supervision. V.T.C.A. Gov't Code § 508.149. Consequently, the Applicant was improperly deprived of his release to mandatory supervision.
Accordingly, relief is granted. Therefore, based on its prior vote to release the Applicant, the Texas Board of Pardons and Paroles shall release the Applicant to mandatory supervision.
Do Not Publish
Delivered: June 4, 2003