Court of Civil Appeals of Texas, 2015

WILLIAMS, MATHIS CARL Jr.

WILLIAMS, MATHIS CARL Jr.
Court of Civil Appeals of Texas · Decided January 20, 2015

WILLIAMS, MATHIS CARL Jr.

Opinion

ll/^iQ^oU IN THE COURT OF CRIMINAL APPEALS CASE NUMBER: UR-16,282-06 GM30TII0NI DEEDED BY: 7%> TRIAL COURT NUMBER 565079-E IN THE 179TH DISTRICT COURT OF HARRIS COUNTY, TEXAS

MATHIS CARL WILLIAMS, MOVANT US.

THE STATE OF TEXAS

M 20 2015 MOTION FOR REHEARING Abel Acosta, Clerk

SUBMITTED BY

MATHIS CARL UILLIAMS TDCD-ID NUMBER 5706B7 COFFIELJD UNIT 2661 FM 2054 TENNESSEE COLONY, TEXAS 75884-5000

MOVANT PRO SE IN RE: NUMBER UR-T6,282-06' IN THE COURT OF CRIMINAL- APPEALS AUSTIN,TEXAS MATHIS CARL WILLIAMS ,JR ., MOVANT VS. THE STATE OF TEXAS

MOTION FOR REHEARING

To the honorable court of criminal appeals: mathis carl uilliams,3r., Movant herein, respectfully sub mits this Motion For Rehearing pursuant to Art.11.07 and Gov't, Code §508.283 and §508.281.

HISTORY OF CASE

Movant mas convicted of Robbery in Trial court Cause num ber 565079 and Unauthorized Use of a Mo toe Vehicle in Cause

number 566476, in Harris County, Texas on October 22,1990.

Sentence was assessed at 28 years in each case and were ordered to be served concurrently.

Movant uas transferred to the tdcj-cid and served 16 years, months and 2 days before being released to parole on January 10,2007. On the day of release, Movant had 11 years,5 months and 28 days remaining to serve on his sentences.

Movant uas out of custody 6 years, 4 months and 7 days be fore his parole uas revoked on May 31,2013.

Movant filed an application for writ of habeas corpus challenging the denial of his "street time" credits and uas dismissed without written order because of numerous urits.

Movant believes his application was erroneously dismissed be cause he is NOT challenging the underlying convictions as he did in all his previous applications. Movant believes he is en titled to his street time credits and respectfully ire-urges his arguments in Cause Number WR-16 ,282-06.

The application for writ of habeas corpus, the subject of this motion for rehearing, uas the first time Movant requested review for the denial of street time credits. TDCJ-CID relies upon Gov't.Code §§508.149 and 5 0 8.2B3 to authorize forfeiture of street time credits. Movant shoued this honorable court how this

law does NOT apply . Movant. Movant pleads for clarity of what is "prior", what is "holding" and uhat is "current" as to the description of convictions for the purpose of Gov't.Code' §5 0 8.283

II.

CONCLUSION Wherefore, premises considered, Movant prays this honorable court will grant this Motion For Rehearing because his applica tion for writ of habeas corpus uas erroneously dismissed without proper justification. Ex Parte Barber, 8 79' S. Id. 2d 889. This was Movant's first request for review of the denial of his street time credits and misapplication of the law by TDCD-CID. Movant believes he is entitled to review of his revocation of super vised release. Movant re-urges his original grounds of error and requests review on the merits. With this motion, Movant is attempting to exhaust his available State remedies to comply uith exhaustion requirements.

Respectfully Submitted, \ -2- d ?K6?0tSr SPlAs£/t-^ Mathis Carl Williams,Dr. Movant Pro Se TDCj-CID #570687 Coffield Unit 2661 FM 2054 Tennessee Colony, Texas 75884-5000

OATH OF AFFIRMATION

I, Mathis Carl Williams,Jr. , am the Movant and being pre sently incarcerated in TDC3-CID- Coffield Unit, declare under penalty of perjury that, according to my belief, the facts stated in the above Motion For Rehearing, are true and correct.

Executed this I l• day of January, 2015.

Movant Pro Se

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