Ex parte Langston
| Decision Date | 24 July 1974 |
| Docket Number | No. 48610,48610 |
| Parties | Ex parte Joe Wayne LANGSTON. |
| Court | Texas Court of Criminal Appeals |
Richard A. Beacon, Jr., Greenville, for appellant.
Jerry Spencer Davis, Dist. Atty., Greenville, Jim D. Vollers, State's Atty., Austin, for the State.
OPINION ON RESUBMISSION
This is an application for writ of habeas corpus filed by an inmate in the Texas Department of Corrections pursuant to Article 11.07, Vernon's Ann.C.C.P.
Petitioner was convicted in the District Court of Hunt County on December 8, 1958, of the offense of forgery, but his five year sentence was probated. On January 12, 1962, the probation was revoked, and petitioner was committed to the Texas Department of Corrections, from which he was released on parole in 1963. In 1967, he was convicted in Dallas of the offense of murder with malice, and sentenced to life imprisonment.
Petitioner filed an application for writ of habeas corpus in the trial court alleging that the 1962 probation revocation case was void since at the time of that revocation hearing petitioner was without counsel, indigent, and did not waive counsel. A hearing was held on this application, and the habeas corpus record was forwarded to this Court, at which time the Court filed and set this case for submission in our Cause No. 48,610.
This Court, on original submission, held that petitioner's challenge to the validity of this probation revocation sentence was not moot. See Ex parte Langston, 510 S.W.2d 603 (Tex.Cr.App., delivered June 19, 1974). See also Ex parte Burt, 499 S.W.2d 109 (Tex.Cr.App.1973). However, at the time of the original submission, we were unable to rule on the merits of petitioner's claims since the trial court had not made findings of fact and conclusions of law at the time of the evidentiary hearing. For this reason, we remanded the case to the trial court for further findings.
On July 11, 1974, the trial court filed amended findings of fact and conclusions of law with this Court which were as follows:
In reviewing the record before this Court, we are of the opinion that the trial court's findings...
To continue reading
Request your trial
-
Ex parte Renier
...Ormsby, supra.3 Original emphasis by Commissioner Green.4 Applicant in the case cited, Ex parte Langston, 510 S.W.2d 603 and 511 S.W.2d 936 (Tex.Cr.App.1974), had discharged his sentence imposed after revocation of probation, but was then confined in TDC on a subsequent conviction. Finding ......
-
Ex parte Guzman
...parte Burt, 499 S.W.2d 109 (Tex.Cr.App.1973), and Ex parte Langston, 510 S.W.2d 603 (Tex.Cr.App.1974), appeal after remand Tex.Cr.App., 511 S.W.2d 936, held only that once habeas corpus jurisdiction has attached the applicant's subsequent unconditional release from custody will not render t......
-
Cavett v. Ellis
...corpus jurisdiction. See Ex parte Guzman, 551 S.W.2d 387 (Tex.Cr.App.1977), Ex parte Langston, 510 S.W.2d 603, on resubmission, 511 S.W.2d 936 (Tex.Cr.App.1974), Ex parte Burt, 499 S.W.2d 109 (Tex.Cr.App.1973). See also Parris v. State, 232 Ga. 687, 208 S.E. 493 Against these considerations......
-
Escobedo v. Estelle
...Guzman, 551 S.W.2d 387, 388 (Tex.Cr.App.1977); Ex parte Langston, 510 S.W.2d 603, 604 (Tex.Cr.App.1974), appeal after remand, 511 S.W.2d 936, 937 (Tex.Cr.App.1974) (granting writ "for the purpose of securing (the petitioner) against further legal consequences arising from the void convictio......