Legal Opinion
Ex Parte Busby
Court of Criminal Appeals of Texas
Decided March 7, 2001No. 73,797PublishedCited by 24 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · PricePrice, J.
in which MEYERS, HOLLAND, JOHNSON, KEASLER, and HOLCOMB, JJ., joined.
In this application for a writ of habeas corpus, we must determine to what relief an applicant is entitled when a proper application for shock probation is made, but the trial court grants the motion after it loses jurisdiction to order shock probation. We hold that such an applicant is entitled to receive time credit for the period of erroneous release.
FACTS
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 theft, and punishment was…
3Cases cited5 opinions
- Ex Parte KuesterCourt of Criminal Appeals of Texas · 2000
- Ex Parte MorrisCourt of Criminal Appeals of Texas · 1982
- Ex Parte EsquivelCourt of Criminal Appeals of Texas · 1976
- Ex Parte PizzalotaCourt of Criminal Appeals of Texas · 1980
- Stasey v. StateCourt of Criminal Appeals of Texas · 1985
4Cited by24 opinions
- Ex Parte HaleCourt of Criminal Appeals of Texas · 2003
- Ex Parte MillardCourt of Criminal Appeals of Texas · 2001
- Neugebauer v. State, Texas Court of Appeals, 7th District (Amarillo)2008
- State v. Dunbar, Texas Court of Appeals, 9th District (Beaumont)2008
- Deifik v. StateCourt of Appeals of Texas · 2001
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