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Click here for the full text of this decision FACTS:The applicant for writ of habeas corpus argues that he “is entitled to jail time credit for the period of incarceration in Mexico pending extradition for the service of his sentence in the Texas Department of Criminal Justice -Institutional Division.” The state asserts that, because a detainer or hold was never lodged against applicant while he was incarcerated in the custody of United States or Mexican authorities, he fails to show that he is entitled to credit for the 449 days that he was allegedly in the custody of Mexican officials awaiting extradition. In May of 1987, applicant plead guilty to the offense of murder and was sentenced to twenty years in prison. The parties agree on a number of allegations. Applicant was released to mandatory supervision on Oct. 1, 1993. Applicant was rearrested in June of 1995. The Texas Board of Pardons and Paroles revoked his mandatory supervision on July 21, 1995, and he was returned to the Texas Department of Criminal Justice (TDCJ) on Oct. 31, 1995. Applicant was released from the custody of TDCJ on Nov. 10, 1995, and transferred to the custody of the United States Marshal Service pursuant to a federal bench warrant. Applicant was found not guilty of the federal criminal charges on Dec. 8, 1995, and was released from custody by federal authorities. Applicant thereafter returned to his family’s home in Mexico. The trial court’s original fact findings state that, after applicant was acquitted of the federal charges and released from federal custody, TDCJ “stopped granting Applicant time credits towards his sentence beginning December 8, 1995, since Applicant was no longer in federal custody.” The trial court’s original findings also state that applicant was returned to the custody of TDCJ on June 3, 2002. The trial court refers to several affidavits from TDCJ personnel in support of its findings of fact. One of those affidavits indicates that applicant’s accrual of time stopped on December 8, 1995, when he was “released in error by the U.S. Marshal’s Service and [was] in Mexico” and “will be charged out of custody.” That affidavit also indicates that applicant was returned to custody on June 5, 2002, and due to the U.S. Marshal’s Service “erroneous” release, applicant “was charged as out of custody for a period of 6-years 5-months 25-days [sic] for an unsatisfactory term.” One of the other affidavits likewise indicates that applicant was released in error by the U.S. Marshal’s Office and “will be charged out of custody time once returned;” although that affidavit indicates that applicant was rearrested on June 3, 2002. Another affidavit states that on December 8, 1995, applicant “was released from custody and fled to Mexico,” and that on October 20, 1997, TDCJ republished a warrant which had been previously issued on July 21, 1995; applicant “was arrested on or about June 5, 2002[,] on this warrant,” upon his return to Texas. HOLDING:Granted. Under Ex Parte Kuban, 763 S.W.2d 426 (Tex. Crim. App. 1989), the applicant is entitled to receive jail-time credit for the time between his arrest in Mexico and his return to the custody of TDCJ authorities. The writ record in the instant cause does not reflect that applicant was held in Mexico on a detainer in this cause. In fact, the record contains evidence via an affidavit from a TDCJ official that no such detainer was issued. But, pursuant to Hannington v. State, 832 S.W.2d 355 (Tex. Crim. App. 1992), applicant is permitted to show that he was detained in this cause by some means other than formal detainer. The court concludes that the letter from the U.S. Department of Justice asserting that applicant was arrested by Mexican authorities based upon the provisional arrest request that it had previously filed on behalf of TDCJ is such other means of showing that he was detained in this cause when held by Mexican authorities. OPINION:Johnson, J., delivered the court’s opinion.

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