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Ex parte Williams

Because Williams committed the murder in 1982, he is eligible for mandatory supervision on his sentence for the pre-1987 murder offense. Court of Criminal Appeals, No. AP-75,721

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OPINION

In 1982, applicant was convicted of murder, and punishment was assessed at confinement for twenty-five years. There was no appeal from this conviction. Applicant has filed an application for writ of habeas corpus pursuant to Tex. Code Crim. Proc., Article 11.07, § 3, in which he contends that he has improperly been denied release on mandatory supervision because the Texas Department of Criminal Justice is improperly calculating his time credit.

Applicant committed this offense May 15, 1982. Applicant contends that his total credits on this sentence exceed twenty-five years, but the Texas Department of Criminal Justice (TDCJ) has failed to designate this sentence as having “ceased to operate.” The trial court has obtained affidavits from TDCJ personnel and made findings of fact.

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