Ex parte Harris, 72778
| Decision Date | 04 June 1997 |
| Docket Number | No. 72778,72778 |
| Citation | 946 S.W.2d 79 |
| Parties | Ex parte Terry HARRIS. |
| Court | Texas Court of Criminal Appeals |
This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of the state jail felony of delivery of less than one gram of cocaine, and the court sentenced him to two years in prison, probated for five years. As a condition of probation, the court ordered Applicant serve 30 days in the county jail. Some eight months later, pursuant to the State's motion to revoke, the court revoked Applicant's probation and sentenced him to two years in prison. Appeal was dismissed on Applicant's own motion. Harris v. State, No. 02-95-00429-CR ().
Applicant contends that he has not been given credit on his sentence for (a) the time he was incarcerated prior to his plea, (b) the time he served as a condition of probation, and (c) the time he was incarcerated pursuant to the State's motion to revoke probation. He argues that, although he would not normally be entitled to these time periods pursuant to Article 42.12, Section 15(h)(2), V.A.C.C.P., and Article 42.03, Section 2, V.A.C.C.P., he is entitled to the credit in this case because he was sentenced to the maximum sentence provided by law. The State agrees, and the trial court recommends granting relief.
We initially remanded this application to the trial court to determine Applicant's indigency status. The trial court has now found that Applicant was financially unable to make bond during the period of his original arrest through the date of his guilty plea.
Applicant was arrested on January 17, 1995, and remained in custody until he entered his guilty plea on January 30, 1995. It is discretionary with the trial court whether to grant Applicant credit for this time. Article 42.12, Section 15(h)(2), supra. However, Applicant received the maximum sentence authorized by law. In Caraway v. State, 550 S.W.2d 699 (Tex.Cr.App.1977), and Ex parte Chamberlain, 586 S.W.2d 547 (Tex.Cr.App.1979), this Court held that the equal protection clause of the Fourteenth Amendment requires that inmates receive credit for their pretrial jail time if they had been unable to post bond due to their indigence, even though the relevant statute provided that the award of such credit was discretionary with the trial court. The record reflects that Application was unable to post bond due to his indigence and he was sentenced to the maximum sentence. Thus, he...
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Joseph v State
...she was unable to post bond due to her indigence and she was assessed the maximum sentence. Id at 545-46 (citing Ex parte Harris, 946 S.W.2d 79 (Tex. Crim. App.1997). Second, the Greenwood court held the defendant was entitled to credit for the time she spent in confinement after the revoca......
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Ex parte Evans
...spent in custody pursuant to parole pre-revocation "blue" warrants. Both claims are cognizable under Article 11.07. See Ex parte Harris, 946 S.W.2d 79 (Tex.Crim.App.1997); Ex parte Canada, 754 S.W.2d 660 (Tex.Crim.App.1988). Before we reach the merits of Applicant's claims, however, we must......
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Hoitt v. State, 06-00-00048-CR
...for time served from his arrest to his sentencing after revocation of his community supervision). Nevertheless, in Ex parte Harris, 946 S.W.2d 79, 80 (Tex. Crim. App. 1997), the Texas Court of Criminal Appeals recognized an exception to Article 42.12, § 15(h)(2) when a defendant was unable ......
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Greenwood v. State
...due to indigence, even though former section 15(h) provides that award of such time is discretionary. See Ex parte Harris, 946 S.W.2d 79, 80-81 (Tex.Crim.App.1997) (per curiam); see also Ex parte Chamberlain, 586 S.W.2d 547, 548 (Tex.Crim.App.1979); Caraway v. State, 550 S.W.2d 699, 704-05 ......
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Post-Trial Issues
...may credit against a sentence any time a defendant served in a county jail as a condition of community supervision. Ex parte Harris, 946 S.W.2d 79 (Tex. Crim. App. 1997). Time spent in jail pending a motion to revoke a state jail felony probation can be credited in the discretion of the cou......
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Post-Trial Issues
...may credit against a sentence any time a defendant served in a county jail as a condition of community supervision. Ex parte Harris, 946 S.W.2d 79 (Tex. Crim. App. 1997). Time spent in jail pending a motion to revoke a state jail felony probation can be credited in the discretion of the cou......
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Post-Trial Issues
...may credit against a sentence any time a defendant served in a county jail as a condition of community supervision. Ex parte Harris, 946 S.W.2d 79 (Tex. Crim. App. 1997). Time spent in jail pending a motion to revoke a state jail felony probation can be credited in the discretion of the cou......
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Post-Trial Issues
...may credit against a sentence any time a defendant served in a county jail as a condition of community supervision. Ex parte Harris, 946 S.W.2d 79 (Tex. Crim. App. 1997). Time spent in jail pending a motion to revoke a state jail felony probation can be credited in the discretion of the cou......