Hicks v. Duncan , 1983 Tex. App. LEXIS 5021 ( 1983 )

COHEN, Justice,

concurring.

I fully agree with the majority, but must make two observations.

That Cleveland Hicks should have served 494 days on a 180 day sentence is outrageous and unjustifiable. This is not a case where the jailer forgot to release a prisoner at the end of his sentence. This injustice was done intentionally. The majority opinion puts the responsibility squarely where it belongs.

I commend Leta J. Moeller of Houston who has performed a significant public service by representing this indigent appellant and exposing this gross abuse.