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EX PARTE MILLARD

No. 73884.

48 S.W.3d 190 (2001)

Ex parte Earnest A. MILLARD, Jr., Applicant.

Court of Criminal Appeals of Texas, En Banc.

June 6, 2001.

Attorney(s) appearing for the Case

Earnest A. Millard, Jr., pro se.

Randall W. Reynolds, DA, Monahans, for State.

Before the court en banc.

OPINION

KEASLER, J., delivered the opinion of the Court, in which PRICE, HOLLAND, HERVEY, and HOLCOMB, JJ., joined.

Earnest Millard was serving two stacked sentences when the Texas Department of Criminal Justice (TDCJ) released him to parole. We must decide whether his release to parole on either sentence was erroneous, entitling Millard to credit for the time he was at large. We conclude that the release was erroneous as to both sentences.

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