## IN THE COURT O F CRIMINA L A PPEA LS OF TE XAS

N O
. A P

- 7 6 , 6 0 2

E X P A R T E STANLE Y BLACKWELL, 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

P u rs u ant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, t h e
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 (Tex. Cri m

. 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.

T h e C o u r t r e c e i v e d t h i s w r i t a p p l i c a t i o n o n A u g u s t 2 , 2 0 1 1

. O n A u g u s t 1 0 , 2 0 1 1 , t h i s

C o u r t g r a n t e d r e l i e f

. T h e S t a t e h a s f i l e d a m o t i o n f

o r r e h e a r i n g

. B a s e d o n t h a t m o t i o n , i t i s

a p p a r e n t t h a t t h e r e c o r d r e l i e d u p o n b y t h i s C o u r t i n t h a t o p i n i o n w a s i n c o m p l e t e

.W e t h e r e f o r e g r a n t t h e S t a t e ’ s m o t i o n f o r r e h e a r i n g , w i t h d r a w t h e p r e v i o u s o p i n i o n

e n t e r e d i n t h i s a p p l i c a t i o n , a n d s u b s t i t u t e t h i s o p i n i o n

. Applicant contends that this sentenc e should have discharg ed. He al l ege s that 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 si x teen y ear s. Applicant was on bond pending th e o u t co m e of his appea l.
The mandate for his appea l was issued April 26, 1995, but capia s was not issued until October 1995. Ap p l icant attempted to turn himself into the Travis County Sheriff’ s office in May 1995, b u t wa s
advised that he could not be take n into custody until a capias w as issued. I n J uly 1995, Applicant

was also rea d y t o t u rn h i mself in, but his counsel informed him that capia s had still not issued. During the time o f his rele ase, Applicant was serving a defe rre d adjudication community supervision

sentenc e in an unrela ted case

. He was comply ing with the conditions of that supervision, including

repor ting to his supervising office r. He succe ssfully completed t h e s u p er v ision for that other

sentenc e in 2002. Applicant filed a prior 11.07 ap p lication in this cause in 2002, alleg ing both ineffe ctive
assistance of counsel g rounds and the grounds that he curre ntly 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 applica t i o n b ec au s e he was arr ested for this cause on
Marc h 12, 2011 and is now in custody for this ca

use.
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 beca use 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 alsodid not violate any conditions of his bond and in fac t tried to turn himself in, but was turned awa y
. Applicant was improperly out of custody on bond throug h no fault of his own. He was not attempting to c oncea l himself, and for the fiftee n y ear s betwee n the issuance of the c apias in 1995
and the service of that capia s in 2011, the State made no eff orts to secur e Applicant so that he might 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 Dep a r tm e n t o f Cr im in a l Ju s tic e–Corre ctional

I nstitut ions Division and Pardons and Paroles Division.

DO NOT PUBL I SH DEL I VERED: September 14, 2011