## 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 NO. WR-80,830-01

EX P ARTE SE AN P AUL LLORANCE, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 592179-A IN THE 183RD DISTRICT COURT

F ROM HARRIS COUNTY

Per curiam . O P I N I O N Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant pleade d g uilty to unauthorized use of a motor ve hicle and w as sentenc ed to seve nteen y ear s’ imprisonment. Applicant contends that his time cre dits are being incorre ctly calc ulated, and that he is being improperly denied cre dit for more than fo u rt ee n y ea rs of time when he was out on parole befor e

revoc ation. Applicant pleade d g uilty to this non-ag g rava ted offe nse and b ega n serving his
sevente en-y ear sentenc e on Marc h 18, 1991. He was rele ased to parole on April 16, 1993. Although
p re -revocation war

rants wer e issued and executed sever al times over the following y ear s, t h o s e2

war rants we re e ventually

withdrawn a

nd Applicant continued on pa role until 2007. On November 16, 2007, a pre- revoc ation war rant was issued based on all eged technica l violations of the conditions of parole

. The war rant was executed on Dec ember 13, 2007, when Appl icant was detained in Victoria County for committing new robber y offe nses. On J an u ar y 9 , 2008, the Boa

rd of Pardons and Paroles voted to send Applicant to an intermediate sanctions fac ility (“I SF”) until his sentenc e discharg ed on Marc h 18, 2008. Pursuant to TDCJ policy , the November 16, 2007, pre- revoc ation war rant wa s kept in eff

ect while A

pplicant was in the I SF. On Fe bruar

y 28, 2008, indictments wer e returne d for the Victoria County robber y offe nses. Howeve r, TDCJ was not awa re until Marc h 17, 2008, that there was a detainer from Victoria County
ag ainst Applicant. Applicant was transfe rre d to Victoria County on Marc h 21, 2008 to fac e the new char g es. He was err oneously rele ased on bond on J uly 17, 2008, but was a rr es t ed on October 10, 2008, afte r the November 16, 2007, war rant was republished. On Fe b ruary 25, 2009, Applicant

rec eived thre e twenty -five y ear sentenc es for

the Victoria

County robber ies. On Marc h 27, 2009, the Bo ar d o f Pardons and Paroles revoke d Applicant’s parole in this

case . Acc ording t o TDCJ , Applicant forf eited thirteen y ear s, five months and five day s worth of time on h i s sevente en-y ear sentenc e as a result of the new robber y convictions. Pursuant to this Court’s opinion in Ex parte Hernande z , 275 S.W .3d 895, 898 (Tex. Crim App. 2009), a person who beg ins serving a sentenc e for an offe nse descr ibed by Section 508.149(a) of the Texas Gover nment Code afte r rele ase but befor e revoc ation of parole is not entitled to street time cre dit on his orig inal
sentenc e. Applicant’s case , howeve r, is distinguish ab l e from Hernande z , beca use Applicant should have disc harg ed his sentenc e in t his case befor e he was convicted of the new offe nses, and be fore3

his parole was revoke d. When Applicant was sent to the I SF to finish serving his sentenc e, the prerevoc ation war

rant was kept in eff

ect. This Court has held that there is a rig ht to time cre dit for any time spent in confine ment pursuant to the execution of a pre- revoc ation war rant and t h at credit
cannot be denied a parole e. Ex parte Price , 922 S.W .2d 957, 958-959 (Tex. Crim. App. 1996), citing Ex par t e Canada , 754 S.W

. 2d 660, 668 (Tex. Crim App. 1988). I ndeed, after Applicant’s parole was err oneously revoke d, he was g rante d cre dit for the time he spent in the I SF. Applicant’s
sentenc e in thi s ca s e should have discharg ed on Marc h 18, 2008, and was not tolled by the prerevoc ation war

rant or the detainer

from Victor ia County

. Applicant is entitled to relief , in that TDCJ ’s rec ords shall be corr ect ed t o re fl ect that Applicant’s conviction and sentenc e in cause number 592179-A from Har ris County is discharg ed. 1 Copies of this opinion shall be sent to the Texas Depa rtment o f Criminal J ustice–Corre ctional I nstitut ions Division and Pardons and Paroles Division.

Deliver ed: Fe bruar

y 26, 2014 Do not publish

Be cause Applicant is curr ently serving twenty -five y ear

sentenc es for

the robbe ries fr om 1 Victoria County , he will not be re lease d from custody as a r esult of the discha

rg e of his sente nce in this case.