Court of Criminal Appeals of Texas
Ex Parte Lucian Lee Spann, Applicant
April 21, 2004132 S.W.3d 390
Summary
The Court of Criminal Appeals held that the phrase “remaining portion” in Texas Government Code §508.283(c) means the portion of the sentence remaining at the release date, less the time spent on parole. Applying that interpretation, the Court granted the applicant street‑time credit for the entire period he was on parole. The Court reversed the lower agency’s denial and ordered the credit to be awarded. Justice Keller, dissenting, agreed with the reasoning but argued that the credit should be limited, not total.