Opinion

Suarez, Ex Parte Juan Miguel

Court
Court of Criminal Appeals of Texas
Filed
Feb 11, 2004
Status
Published
Cited by
0 cases

The opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,892

EX PARTE JUAN MIGUEL SUAREZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM FORT BEND COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for writ of habeas corpus filed pursuant to the

provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of deadly conduct and

punishment was assessed at 9 years in prison. This conviction was affirmed. Suarez v. State ,

No. 14-99-00704-CR (Tex.App. - Houston [14th], opinion delivered November 2, 2002).

In his present application, Applicant contends that he is not receiving credit for time

that he spent in federal custody while he was also serving this sentence. The trial court finds

that Applicant was in federal custody for an additional 554 days for which he is not receiving

credit. The trial court recommends granting relief. We agree.

Habeas corpus relief is granted to the extent that in cause number 30207 from the

240th Judicial District Court of Fort Bend County, the Texas Department of Criminal Justice,

Institutional Division, is ordered to grant Applicant additional credit for the above-mentioned

554 days.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice,

Institutional Division, Paroles Division, and Board of Pardons and Paroles Division.

DELIVERED: February 11, 2004

DO NOT PUBLISH

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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