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Ex parte Forward

Because the applicant in this case is ineligible for mandatory supervision on his second sentence, he cannot ever be released to mandatory supervision on that sentence. Court of Criminal Appeals, No. AP-75,705

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Keller, P.J., delivered the opinion of the Court in which Womack, Keasler, Hervey, and Cochran, JJ., joined. Johnson, J., filed a dissenting opinion in which Meyers, Price, and Holcomb, JJ., joined.

This case presents a complex problem involving the stacking of sentences and eligibility for mandatory supervision. What is important to keep in mind as we wade through a series of “savings clauses” is not to confuse the when of eligibility for release with the whether of eligibility for release. Running a sentence for a pre-1987 offense consecutively with a sentence for a post-1987 offense affects when an inmate is eligible to be released on mandatory supervision on the sentence for the later offense (if he can become eligible) but it does not affect whether the inmate is eligible on that sentence for mandatory supervision. Because the applicant in this case is ineligible for mandatory supervision on his second sentence, he cannot ever be released to mandatory supervision on that sentence.

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