## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S

N O . A P
- 7 6 , 6 0 2

E X P A R T E S T A N L E Y B L A C K W E L L , A p p l i c a n t

O N A P P L I C A T I O N F O R A W R I T O F H A B E A S C O R P U S C A U S E N O . 9 2 0 9 5 1 I N T H E 1 4 7 D I S T R I C T C O U R T T H F R O M T R A V I S C O U N T Y

P e r c u r i a m . O P I N I O N
Pursuant to the provisions of Article 11.07 of the Texas Code of Crim i n al P ro ce dure, the cler k of the trial court transmitted to this Court this application for writ of habea s corpus. Ex parte
Y oung , 418 S.W .2d 824, 826 (Te x . Crim. App. 1967). Applicant was convicted of sexual assault of a c hild and sentenc ed to ten y ear s’ imprisonment in Dece mber 1992. Applicant contends that this sentenc e should have discharg ed. He all ege s t h at the State
neg lige ntly failed to issue a capia s when the mandate in his appea l issued and as a result, he has been

out of custody for over six teen y ear s. Applicant was rele ased on appellate bond afte r his conviction. The mandate fo r h i s ap peal was issued April 26, 1995, but due to a mistake in the Travis CountyDistrict Clerk’s office , no capia s wa s ev er i s s ued. Applicant attempted to turn himself into the

Travis County Sheriff’ s office in May and J uly 1995, but w as advised both times that he could not be taken into custody until a capia s was issued. During t h e t i m e of his rele ase, Applicant was serving a defe rre d adjudication community supervision sentenc e in an un re lated case . He was comply ing with the conditions of that supervision, including repor ting to his supervising office r. He

succe ssfully

completed the supe rvision for that other sentenc e in 2002. Applicant fi l ed a prior 11.07 application in this cause in 2002, alleg ing both ineffe ctive assistance of counse l g rounds and the grounds that he currently raises in this application. He was
not in custody at that time. That application was denied without written order by this Court in 2002. Applicant has a new fac tual basis for this application beca use capia s finally issued in this cause and he wa s arr ested for

this cause on Ma

rch 12, 2011. This Court rec ently g rante d relief to an applicant who had been err oneously allowed to stay
out on appea l bond throug h no fault of his own. Ex parte Thiles , 333 S.W .3d 148 (Tex. Crim. App. 2011). We held that Thiles wa s entitled to r elief be cause he did not know the manda te had issued in his case and that he there fore did not violate any conditions of his appellate bond. Applicant also did not violate any conditions of his appellate bond and in fac t tried to turn himself in twice and was turned awa

y . Applicant was improperly out of custody on appea l bond throug h no fault of his own. He was not attempting to conce al himself, and the State made no eff orts to secur e Applicant so that he may beg in to serve his sentenc e. Relief is g rante d. Applicant is to rec eive time cre dit in this cause from the time the mandate issued in his appea l to the prese nt. Wit h the g ranting of this time cre dit, he has serve d this sentenc e in full and shall be immediately discharg ed fr om custody

. Copies of this opinion shall be sent to the Texas Depa rtment of Crimina l Ju s ti c e

– Co r r e c ti o n a lI nstitut ions Division and Pardons and Paroles Division.

Deliver ed: Aug ust 10, 2011 Do Not Publish