Court of Criminal Appeals of Texas, 2019

Hibbler, Billy Joe

Hibbler, Billy Joe
Court of Criminal Appeals of Texas · Decided October 9, 2019
Hibbler, Billy Joe

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-21,251-05

EX PARTE BILLY J. HIBBLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 87-10-04982-CRR IN THE 143RD DISTRICT COURT

FROM REEVES COUNTY

Per curiam.

ORDER

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of unauthorized use of a motor vehicle and sentenced to 35 years’ imprisonment.

Applicant challenges his conviction, and he also challenges TDCJ’s failure to credit him with time he spent on parole release. His claim challenging the conviction does not meet the requirements for consideration under Article 11.07, Section 4,of the Code of Criminal Procedure and is dismissed. His claim that he is being denied credit for parole release time appears to provide a new factual basis meeting Section 4’s requirement. However, it is without merit and is denied. See Ex parte Spann, 132 S.W.3d 390 (Tex. Crim. App. 2004).

Filed: October 9, 2019

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