Cowan, Ex Parte Christopher Lynn ( 2004 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

---

NO. 74,368

---

EX PARTE CHRISTOPHER LYNN COWAN

---

ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM MADISON COUNTY

---

Per Curiam

O P I N I O N

This is an application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.07. While applicant was serving four concurrent sentences from Tarrant County, #0243176D, #0242063D, #0242065D, and #0242158D, he was convicted in Madison County of Aggravated Assault on a Correctional Officer. The sentence of confinement for 15 years was ordered to begin when the sentence in #0243176D from Tarrant County "cease[d] to operate."

The four underlying convictions from 1984 were for offenses eligible for mandatory supervision. Tex.Code Crim.Proc., art. 42.12 § 15 (West pamphlet 1984). The conviction for aggravated assault of a correctional officer, committed in 1988, was not eligible for mandatory supervision. Tex.Code Crim.Proc., art. 42.18 § 8(c)(5) (West pamphlet 1988). Applicant makes two allegations, (1) that he is being denied release to mandatory supervision and (2) that his 15 year sentence should have begun to run when he would have been released to mandatory supervision in 1990, making his maximum discharge date sometime in 2005.

The trial court made findings that TDCJ began running the 15 year sentence in cause #8565 from Madison County on December 18, 1990. This finding is not supported by the record. The record shows that TDCJ considers the maximum discharge date to be April 30, 2007. This conflict must be resolved by explicit responses from TDCJ to the following:

(1) On what date does TDCJ consider the sentence in cause #8565 from Madison County to have begun to be served?

(2) On what date did the underlying sentence in cause # 0243176D from Tarrant County "cease to operate?"

(3) What is applicant's projected maximum release date?

(4) Why, if it is, is the projected maximum release date more than 15 years from the date the sentence in cause # 8565 from Madison County began to run?

Since this Court does not hear evidence, Ex parte Rodriguez, 169 Tex. Crim. 367, 334 S.W.2d 294 (Tex.Crim.App. 1960), this application for post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this opinion. The trial court shall resolve the issues presented within ninety days of the date of this opinion. ⁽¹⁾ A supplemental transcript containing any affidavits, the transcription of the court reporter's notes from any hearings, along with the trial court's findings of fact and conclusions of law shall be returned to this Court within one hundred twenty days from the date of this opinion.

Delivered: June 30, 2004

Do Not Publish

1.

In the event any continuances are granted, copies of the order granting the continuance shall be provided to this Court.