Cejudo, Ex Parte Gabriel ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,289

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EX PARTE GABRIEL CEJUDO, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NUMBER 63221-210-1 IN THE 210^th JUDICIAL DISTRICT COURT

EL PASO COUNTY

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   Per curiam.



O P I N I O N  

This is a post-conviction application for a writ of habeas corpus filed pursuant to tex. code crim. proc. art. 11.07. Applicant was convicted of burglary of a habitation. Punishment was assessed at imprisonment for three years. No appeal was taken from this conviction.

Applicant contends that he is being denied time credit for periods he was confined pursuant to parole revocation arrest warrants in this cause. Specifically, Applicant contends that he was confined in an Intermediate Sanctions Facility for approximately one hundred eighty days in 1995, and approximately another one hundred eighty days in 1998, while parole revocation arrest warrants were pending.

The trial court has entered findings of fact and conclusions of law, supported by the record, which indicate that Applicant is entitled to partial relief. The trial court's review of Applicant's parole records reveal that he was confined pursuant to parole revocation arrest warrants in this cause from August 22, 1995 until December 7, 1995, and from September 12, 1996 until March 20, 1997. Applicant is entitled to relief. See Ex parte Price, 922 S.W.2d. 957 (Tex. Crim. App. 1996); Ex parte Canada, 754 S.W.2d 660 (Tex. Crim. App. 1988).

Relief is granted. The officials at the Texas Department of Criminal Justice, Correctional Institutions Division are hereby ordered to conform Applicant's records in this cause to reflect jail time credit to cover the periods from August 22, 1995, until December 7, 1995, and from September 12, 1996, until March 20, 1997.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, correctional institutions and parole divisions.

DELIVERED: November 9, 2005

DO NOT PUBLISH