IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
IN CAUSE NUMBER 92-04-00376-CR(2)
FROM THE 284TH DISTRICT COURT OF MONTGOMERY COUNTY
O P I N I O N
This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant was convicted of the felony offense of burglary of a building, and punishment was assessed at ten years' confinement. No direct appeal was taken.
Applicant contends, inter alia, that he is improperly serving his sentences consecutively, when he should be serving them concurrently. Specifically, Applicant asserts that: (1) his sentence in the instant cause began when the parole board designated a date for his release on parole in his preceding conviction; (2) at that time, his sentences began running concurrently; and (3) that upon his revocation, the sentences should have remained concurrent, rather than consecutive. The trial court entered findings of fact and conclusions of law recommending that Applicant be granted relief on this ground. We agree. See Ex parte Kuester, 21 S.W.3d 264, 272-73 (Tex. Crim. App. 2000).
Habeas corpus relief is granted. The Texas Department of Criminal Justice - Correctional Institutions Division is ordered to amend Applicant's records to reflect that his sentences are being served concurrently, and have been served concurrently since the date the Board of Pardons and Paroles designated for Applicant's release to parole in his preceding conviction.
Applicant's remaining claims are dismissed. See Ex parte Torres, 943 S.W.2d 469 (Tex. Crim. App. 1997).
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions Division, Paroles Division, and Board of Pardons and Paroles Division.
DO NOT PUBLISH
DELIVERED: June 14, 2006