IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. 74,872
EX PARTE RANDY LEE WEBB, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM BRAZORIA COUNTY
Per Curiam.
O P I N I O N
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 aggravated assault and punishment was assessed at three years imprisonment, consecutive to a twenty year sentence from Galveston County. (1) No appeal was taken from this conviction.
Applicant contends that the Texas Department of Criminal Justice, institutional division, has not properly calculated the date for his release on mandatory supervision. The trial court has entered findings, supported by the record, that Applicant has more than twenty-six years credit on this combined twenty-three year sentence, and received presentence credit of 1091 days on this 1095 day sentence, yet has not been released to mandatory supervision. The Texas Department of Criminal Justice, institutional division, calculated Applicant's mandatory supervision release date by adding three years to his originally calculated release date. Because this sentence had no more than four days left to serve after it commenced, the release date was not properly calculated. Applicant is entitled to relief.
Relief is granted. The Texas Department of Criminal Justice, institutional division, shall correct Applicant's records in cause number 34,022 in the 23rd Judicial District Court of Brazoria County to reflect that this sentence has expired, and shall release Applicant to mandatory supervision on his Galveston County sentence while correcting his calculated begin date in that cause to reflect a date of August 21, 1987.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, institutional and pardons and paroles divisions.
DELIVERED: January 28, 2004
DO NOT PUBLISH
1.