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Click here for the full text of this decision FACTS:This is a post-conviction application for a writ of habeas corpus. Applicant contends that the Texas Department of Criminal Justice, Criminal Institutions Division, is improperly calculating his sentence in this cause. HOLDING:Granted. The trial court ordered this sentence to run consecutively to a 10-year sentence for aggravated assault, and found that applicant was entitled to credit in this cause for 168 days of presentence confinement. Both sentences were for offenses committed in 1989. Applicant was released from confinement July 18, 1995, after the Board of Pardons and Paroles voted to release him on parole. That parole was revoked the next year, and applicant was given credit on his aggravated assault sentence from Aug. 28, 1996. TDCJ-CID records reflect that this possession of cocaine sentence commenced Jan. 28, 2000. However, the aggravated assault “ceased to operate,” and this sentence commenced, July 18, 1995, when applicant was released on parole. Ex parte Kuester, 21 S.W.3d 264 (Tex. Crim. App. 2000). Applicant does not receive credit for the period he was out of custody because his parole was revoked prior to 2001, but applicant is entitled to credit on this sentence for all the time he has been confined since he was released on parole, so is entitled to credit from Aug. 28, 1996. Ex parte Hale, 117 S.W.3d 866 (Tex. Crim. App. 2003). OPINION:Per curiam.

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