Ex parte Chambers, 50486
Decision Date | 23 July 1975 |
Docket Number | No. 50486,50486 |
Citation | 525 S.W.2d 191 |
Parties | Ex parte Hobert L. CHAMBERS. |
Court | Texas Court of Criminal Appeals |
Warwick H. Jenkins, Jenkins & Jenkins, Waxahachie, for appellant.
Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.
BROWN, Commissioner.
This is an appeal from an order entered in a habeas corpus proceeding in the 40th District Court of Ellis County.
The trial court ordered appellant remanded to the custody of Odell Smith, Sheriff of Roosevelt County, New Mexico, but stayed the execution of this order for ten days, allowing appellant time to make this appeal.
The basis of the trial court's decision was the judge's belief that appellant was covered by the Uniform Act for Out-of-State Parole Supervision, Art. 42.11, Vernon's Ann.C.C.P. This article provides that persons convicted in other jurisdictions may be released to this State, and Texas will assume supervision of such parolees or probationers. The Act also provides:
The trial court found:
These findings are supported by the evidence, but there is no showing that appellant was ever turned over to the State of Texas to be subject to its supervision.
In Ex parte Womack, Tex.Cr.App., 455 S.W.2d 288, this Court affirmed the trial judge's decision to remand Womack to the custody of the Harris County sheriff. Womack was being held by virtue of a parole revocation warrant from the State of Louisiana. The writ of habeas corpus having issued, a hearing was held at which appellant was identified by a Texas parole officer as a Louisiana parolee under his supervision. The State also offered the official records of the Texas Board of Pardons and Paroles concerning Womack, including the certificate of his parole.
We do not hold that the procedure in Womack, supra, be followed strictly in every case involving Art. 42.11, but before the simple procedure described...
To continue reading
Request your trial-
Ex parte Johnson
...return to the State of Illinois for parole violation is sufficient for the hearing court's order. He relies upon Ex parte Chambers, 525 S.W.2d 191 (Tex.Cr.App. 1975). That case is not in point. The opinion stated that Chambers was ordered to be delivered to the custody of a sheriff to be re......