Forward, Ex Parte John Patrick ( 2007 )


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  • IN THE COURT OF CRIMINAL APPEALS

    OF TEXAS




    NO. AP-75,705


    EX PARTE JOHN PATRICK FORWARD, Applicant



    ON APPLICATION FOR A WRIT OF HABEAS CORPUS

    CAUSE NO. 46706(2) IN THE 252ND JUDICIAL DISTRICT

    COURT
    FROM JEFFERSON COUNTY


    Per curiam.



    O R D E R
      





    This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3. Applicant was convicted of aggravated robbery, and punishment was assessed at confinement for eight years. There was no appeal from this conviction.  

    Applicant contends that he has improperly been denied release on mandatory supervision. Applicant committed this offense February 15, 1986, and subsequently was sentenced to ten years consecutive to this sentence for being a felon in possession of a firearm. That other offense was committed January 13, 1999. We order that this application be filed and set for submission to determine how to calculate a mandatory supervision release date when a sentence for an offense which would not be eligible for mandatory supervision is ordered to run consecutive to a sentence for an offense committed before September 1, 1987. See ch. 1101, § 18(e), Acts 1987, 70th Leg. The parties shall brief this issue, and the Texas Department of Criminal Justice is invited to submit an amicus brief.

    The trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing either the order appointing counsel or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before September 12, 2007.



    DELIVERED: June 13, 2007

    DO NOT PUBLISH

Document Info

Docket Number: AP-75,705

Filed Date: 6/13/2007

Precedential Status: Precedential

Modified Date: 9/15/2015