Hernandez, Ex Parte Frank Garcia Jr.

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 IN CAUSE NO. 22048-02-A IN THE 47 TH DISTRICT COURT POTTER COUNTY J OHNSON, J., filed a dissenting opinion in which P RICE, J., joined. DISSENTING OPINION The bone of contention in this case is the meaning of “is serving a sentence for.”1 The majority holds that the phrase includes the sentence for a new conviction that occurred after release on parole or mandatory supervision and before revocation of that release. Indeed, the offense on which the…