DocketNumber： AP-74,805
Filed Date： 10/15/2003
Status： Precedential
Modified Date： 9/15/2015
FROM DENTON COUNTY
O P I N I O N
This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of injury to an elderly individual and punishment was assessed at three years. No appeal was taken from this conviction.
Applicant contends that he was denied due process when he was reviewed for mandatory supervision release. Applicant contends that he was told his review would take place in July of 2003, but the parole board voted on his release in April of 2003. The record supports this allegation. Applicant was entitled to rely on the July 2003 date given to him by the Board. Ex Parte Shook, 59 S.W. 3d 174 (Tex. Crim. App. 2001). When the Board reviewed him early, applicant was denied the full opportunity he was told he would have to submit relevant information to the Board. By reviewing him early, the Board denied applicant a meaningful opportunity to be heard. Applicant is entitled to relief.
Relief is granted. The Board should again consider applicant for mandatory release and provide him with timely notice that such consideration will occur.
Copies of this opinion shall be sent to the Board of Pardons and Paroles.
DELIVERED: October 15, 2003
DO NOT PUBLISH