CourtListener 9480593•Kirkland, Joseph
Texto completo
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,406-01
EX PARTE JOSEPH KIRKLAND, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. C-485-W012385-1724597-A IN THE 485TH DISTRICT COURT
FROM TARRANT COUNTY
Per curiam.
OPINION
Applicant was convicted of attempted unlawful possession of a firearm by a felon and
sentenced to one year in the state jail. He did not appeal. Applicant filed this application for a writ
of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See
TEX. CODE CRIM. PROC. art. 11.07.
Applicant was confined in this case in both Tarrant and Rockwall counties for 393 days
before sentencing. The judgment awarded 138 days. The trial court finds that it intended to award
all of the pretrial credit. With the award, the trial court finds, “Applicant is entitled to discharge his
sentence immediately.”
2
The habeas record supports the trial court’s findings. Relief is granted. The sentence imposed
in this cause is discharged.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice—
Correctional Institutions Division and the Board of Pardons and Paroles.
Filed: February 28, 2024
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