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Ex parte Cowan

September 14, 2005
No. AP-74,368
Concurring opinion by Judge Johnson
Link to Majority opinion by Judge Hervey


   

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS


NO. 74,368


EX PARTE CHRISTOPHER LYNN COWAN, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM MADISON COUNTY


Johnson, J., filed a concurring opinion.

CONCURRING OPINION

I join the judgment of the Court because our current case law and the version of the mandatory-supervision statute that controls in this case require the majority's outcome. Whether intentionally or inadvertently, when it created mandatory supervision the Legislature did not include it among the events that cause a sentence to "cease to operate" and trigger the commencement of a consecutive sentence. However, changes in the statute have now created "discretionary mandatory supervision," an oxymoron.

The current statute makes mandatory supervision a fraternal twin of parole; it is parole in everything but name and eligibility rules and both multiplies and complicates the work of the parole panels. Given that reality, the issue of whether discretionary mandatory supervision belongs among the events that triggers the commencement of a consecutive sentence, or should even continue to exist, is ripe for re-examination.


Filed: September 14, 2005

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This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors.

Baker's Legal Pages are a public service of Freelance Enterprises, Inc.

Casenotes Listing Table of Recent Opinions
Send your comments or suggestions to fei@bakers-legal-pages.com
© 2005 Lang Baker