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 47TH DISTRICT COURT

POTTER COUNTY

Johnson, J., filed a dissenting opinion in which Price, J., joined.

D I S S E N T I N G O P I N I O N

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…