Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Authorities convicted Larry Donald Lindsey in 1997 of aggravated assault and burglary of a habitation and sentenced him to 10 years in the penitentiary. In 2003, authorities paroled Lindsey but later revoked his parole and returned him to prison. In 2005, the Department of Criminal Justice determined that Lindsey was statutorily ineligible for parole because of the nature of his convictions and denied him release. Seeking a writ of habeas corpus, Lindsey contended that he was erroneously deemed ineligible for parole. He also contended that he had been improperly denied “street-time” credit. HOLDING:Application for habeas corpus granted in part and denied it in part. Eligibility for parole, the CCA stated, is governed by the law in effect at the time the offense was committed. The record shows that the applicant committed the aggravated assault Feb. 8, 1994. The law in effect at that time stated that a prisoner could not be paroled if the prisoner was serving a sentence for a second-degree or first-degree felony under Texas Penal Code �22.02. The record, the CCA stated, showed that authorities convicted Lindsey of aggravated assault causing serious bodily injury, a third-degree felony. Therefore, the CCA found that Lindsey’s conviction for aggravated assault did not make him ineligible for release to mandatory supervision. As for Lindsey’s burglary conviction, the CCA noted the trial court’s finding that Lindsey committed the burglary offense on Oct. 26, 1994. The trial court also found that the indictment alleged that the applicant entered “a habitation . . . with the intent to commit a felony other than theft, namely, sexual assault.” Although Lindsey’s conviction, the CCA stated, for first-degree burglary would make him ineligible for parole under the current statutory scheme, the parole statute was not amended to reflect changes in the burglary statute until 1996. Therefore, the CCA found that the relevant statute at the time of Lindsey’s offense was the 1994 version, which made a prisoner ineligible for parole only if the prisoner was convicted of “a first degree felony under Section 30.02, Penal Code (Burglary), if the offense is punished under Subsection (d)(2) or (d)(3) of that section.” Subsection (d) of the 1994 version of �30.02, the CCA stated, reads as follows: “(d) An offense under this section is a felony of the first degree if: (1) the premises are a habitation; or (2) any party to the offense is armed with explosives or a deadly weapon; or (3) any party to the offense injures or attempts to injure anyone in effecting entry or while in the building or in immediate flight from the building.” On remand, the CCA noted that the trial court found that Lindsey had been convicted under Subsection (d)(1) and was therefore eligible for parole. The CCA agreed that Lindsey was entitled to such relief. In a separate claim, Lindsey asserted that he was improperly denied street-time credit for the time that he was released to mandatory supervision before it was revoked. The trial court, however, found that Lindsey acknowledged in his own writ application that he did not meet the “halfway point” of his sentence necessary for consideration of such time against his remaining sentence. Thus, the CCA denied the part of his application relating to his street-time claim. OPINION:Per curiam.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.