EX PARTE FRANK GARCIA HERNANDEZ, JR. (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

 

NO. AP-75,933


EX PARTE FRANK GARCIA HERNANDEZ, JR., Applicant

 

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 22048-A IN THE 47TH DISTRICT COURT

FROM POTTER COUNTY

Per curiam.

 

O R D E R

 

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of unauthorized use of a vehicle and sentenced to twenty-five years imprisonment.

Applicant contends that he is being denied credit for time spent released on parole prior to revocation. We order that this application be filed and set for submission to determine whether a person released on parole or mandatory supervision is entitled to his street time if, after being released, he begins serving a sentence for an offense described by Tex. Gov t Code 508.149(a). The parties shall brief this issue. The Office of General Counsel at the Texas Department of Criminal Justice is invited to file a brief.

The trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent him. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing either the order appointing counsel or a statement that Applicant is not indigent. All briefs shall be filed with this Court within 90 days of the date of this order.

Filed: June 11, 2008

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