Shinault, Ex Parte John ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,072

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EX PARTE JOHN SHINAULT, Applicant

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ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 773875 IN THE 184TH JUDICIAL

DISTRICT COURT HARRIS COUNTY

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   Per Curiam.



O P I N I O N

   This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure. Ex parte Young, 418 S.W.2d 824 (Tex. Crim. App. 1967). Applicant was convicted of the third degree felony offense of injury to a child. Applicant's sentence was assessed at five years confinement in addition to a fine in the amount of $500. Applicant did not appeal this conviction.

In the instant application, Applicant contends that he was denied adequate notice that he would be considered for release on mandatory supervision by the Texas Board of Pardons and Paroles under the discretionary mandatory supervision statute, Article 42.18, Section 8(c) of the Code of Criminal Procedure.

Based on documentation provided by the Texas Department of Criminal Justice, Review and Release Processing Division, the trial court has entered findings stating that Applicant "did not receive notice of the specific month and year that he would be considered for discretionary mandatory supervision release" prior to the Parole Board's February 2004 decision to deny his release on mandatory supervision. Based on our recent opinion in Ex parte Retzlaff, 135 S.W.3d 45, 50 (Tex. Crim. App. 2004), we find that Applicant is entitled to relief. The Board shall review Applicant for release on mandatory supervision within sixty days of the date that the Court's opinion is issued. In doing so, the Board shall provide Applicant with timely notice of the review, which is to be held before the fifty-ninth day, and give Applicant at least thirty days to submit any explanatory material he desires for the Board's consideration when making their determination.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Correctional Institutions Division, Review and Release Division, and the Board of Pardons and Paroles Division.

DELIVERED: January 26, 2005

DO NOT PUBLISH