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In Re: Smith

After DNA testing exonerated the relator, he applied for compensation under the Tim Cole Act, seeking approximately $1,593,000. The Comptroller approved Smith's application, but determined he was owed approximately $1,527,000, after applying the concurrent-sentence restriction. The act's concurrent-sentence restriction does not apply when the wrongful conviction is the cause of the person serving a concurrent sentence in prison. The petition for writ of mandamus is conditionally granted. Texas Supreme Court, No. 10-0048, 03-04-2011.

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ON PETITION FOR WRIT OF MANDAMUS Argued November 10, 2010

JUSTICE MEDINA delivered the opinion of the Court.

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