Legal Opinion

Ex Parte Hernandez

Court of Criminal Appeals of Texas

Decided January 28, 2009No. AP-75,933PublishedCited by 26 opinions

1Opinion of the CourtKeller, P.J.

in which WOMACK, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

We filed and set this habeas application to determine whether a person released on parole or mandatory supervision is entitled to credit for “street time” on his original sentence under Texas Government Code § 508.283(c) if, after release but before revocation, he begins serving a sentence on a new conviction for an offense that is described by Texas Government Code § 508.149(a). We conclude that such a person is not entitled to the § 508.283(c) time credit.

I. BACKGROUND

In 1983, applicant was convicted of the offense of…

2Cases cited5 opinions

  1. Boykin v. StateCourt of Criminal Appeals of Texas · 1991
  2. Ex Parte ForwardCourt of Criminal Appeals of Texas · 2008
  3. Ex Parte KellerCourt of Criminal Appeals of Texas · 2005
  4. Ex Parte NoyolaCourt of Criminal Appeals of Texas · 2007
  5. Ex Parte ByrdCourt of Criminal Appeals of Texas · 2005

3Cited by26 opinions

  1. Valdez, Ex Parte Joe AnthonyCourt of Criminal Appeals of Texas · 2013
  2. Mandell Rhodes, Jr. v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2013
  3. Robert Michael Arteaga, Jr. v. StateCourt of Appeals of Texas · 2015
  4. Arteaga, Robert Michael Jr.Court of Appeals of Texas · 2015
  5. Barber v. DavisDistrict Court, W.D. Texas · 2019

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