DocketNumber: No. 25011
Citation Numbers: 155 Tex. Crim. 225, 233 S.W.2d 499
Judges: Beauchamp
Filed Date: 11/1/1950
Status: Precedential
Modified Date: 1/13/2023
Jack Rentscheler instituted proceedings by filing petition for writ of habeas corpus in the district court of Walker County. Judge Max M. Rogers, of that court, had a hearing, granted the writ and made it returnable to the court of criminal appeals, with the evidence which he had heard.
Testifying in his own behalf Rentscheler said that he was serving combined sentences of thirty-five years upon his conviction in Robertson County. It is his contention that because he was made a trusty on August 5, 1941, and served as such receiving twenty-five days a month overtime until the 10th of March, 1943, when he was granted an Out-of-State Conditional Pardon, that he was entitled to the twenty-five days a month overtime until August 7, 1946, when this conditional pardon was revoked. He was then returned to the “Walls” in Huntsville and was not put on any particular job, but was simply in the “line.” He had not been made a trusty since his return but it is his contention and he bases his application on the claimed status that he is now, and has been all this time, a state approved trusty and entitled to the twenty-five days a month overtime that he was receiving up to the time of his conditional pardon. He went to the State of California, got in trouble in 1945, and served a one year jail sentence there. At the expiration of that sentence he was confronted with a hold order and brought back to the penitentiary of Texas. He now claims three years, five months and twenty-three days credit earned on the basis above stated while out on the conditional pardon, including the time spent in jail.
We quote with approval from the state’s brief as follows: “There is no merit to relator’s application for the writ of habeas corpus, and same should be denied. Reference to the statement of fact shows that relator was sentenced to serve a total of 35 years because of his conviction of three burglaries and of one burglary of a private residence at night. This sentence was to begin 7-27-32 and he now has, counting his good time earned, a credit of 21 years, 10 months, and 11 days on his 35 years time, which would not make him eligible for discharge until 6-29-58.
“It appears that in 1943 relator was a trusty receiving 25
“Appellant makes a claim in his petition for habeas corpus that at the time he received the conditional pardon he was a state-approved trusty and was entitled to 25 days a month overtime, that he was entitled to have credit for the time, including overtime, while he was out on the conditional pardon. This contention is untenable in view of the Acts of the Legislature of Texas of 1943 and 1945.”
The relief prayed for is denied and relator is remanded to the custody of the state penitentiary.