Court of Criminal Appeals of Texas

In sentencing of three years' imprisonment for possession of a controlled substance, petition for writ of habeas corpus is granted where: 1) if a person is erroneously released from custody, through no fault of his own, and is then brought back into custody, he is entitled to credit for all of the time spent on that erroneous release; 2) because criminal appellant had not violated the conditions of his supervised release at the time he was detained on the premature release warrant, he should not be penalized for following the rules that would have been in place had he been properly released from custody; and 3) criminal-appellant is entitled to credit for the time he spent out of custody.

Appellate Information

• Decided 02/04/2009
• Published 02/04/2009

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Kevin L. Collins, San Antonio, for Appellant., Scott Roberts, Assistant Criminal District Attorney, San Antonio, Jeffrey L. Van Horn, State's Attorney, Austin, for State.