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 murder. Punishment was assessed at twenty years imprisonment. No appeal was taken from this conviction.
Applicant contends, inter alia, that she is entitled to additional jail time credit from March 11, 1993, until March 24, 1994, for time spent in jail awaiting a parole revocation hearing.
The trial court has entered findings of fact and conclusions of law, based upon affidavits obtained from both prison and parole officials, which indicate that Applicant is entitled to relief. The trial court's review of Applicant's records reveal that she was confined pending a motion to revoke parole in this cause from March 11, 1993, until July 28, 1993, and she has not been given credit for this time. See Ex parte Price, 922 S.W.2d. 957 (Tex. Crim. App. 1996); Ex parte Canada, 754 S.W.2d 660 (Tex. Crim. App. 1988). Applicant is entitled to relief.
Relief is granted. The officials at the Texas Department of Criminal Justice -- Institutional Division are hereby ordered to amend Applicant's records in cause number 199-131MR-84 in the 199th Judicial District Court of Collin County to reflect additional jail time credit to cover the periods from March 11, 1993 until July 28, 1993.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Institutional and Pardons and Paroles Divisions.
All other relief requested is denied.
DELIVERED: November 19, 2003
DO NOT PUBLISH