United States District Court, W.D. Texas, Austin Division
SPARKS UNITED STATES DISTRICT JUDGE
the Court are Petitioner's Application for Habeas Corpus
Relief under 28 U.S.C. § 2254 (Docket Entry
"DE" 1); Petitioner's supplement (DE 5);
Respondent's Answer (DE 8); and Petitioner's reply
(DE 10). Petitioner, proceeding pro se, has been granted
leave to proceed in forma pauperis. For the reasons set forth
below, Petitioner's application for writ of habeas corpus
OF THE CASE
Petitioner's Criminal History
to Petitioner, the Director has custody of him pursuant to a
judgment and sentence of the 167th Judicial District Court of
Travis County, Texas, in cause number 93, 950. After pleading
guilty, Petitioner was convicted of aggravated robbery with a
deadly weapon alleged to have occurred on or about July 21,
1988. The court sentenced Petitioner to 30 years'
imprisonment on February 27, 1989.
does not challenge his holding conviction. Rather, Petitioner
challenges the calculation of his sentence and his parole
asserts on March 7, 2004, Petitioner was released on parole
subject to certain conditions. The Board of Pardons and
Paroles revoked Petitioner's parole on April 21, 2016.
challenged the calculation of his sentence in a state
application for habeas corpus relief. Ex parte
Stone, Appl. No. 14, 593-04. The Texas Court of Criminal
Appeals denied it without written order on November 2, 2016.
filed a second state application for habeas corpus relief.
Ex parte Stone, No. 14, 593-05. The Texas Court of
Criminal Appeals dismissed the application as successive on
February 15, 2017.
Grounds for Relief
Petitioner's claims liberally, Petitioner argues:
1. He has completed his 30-year sentence by adding his work
time plus his flat time;
2. The technical grounds supporting the revocation of his
parole were insufficient to ...