Time off for erroneous release

September 9, 2011

  • 350H Sentencing and Punishment
  • 350HV Sufficiency and Construction of Sentence Imposed
  • 350HV(D) Credits
  • 350Hk1164 Release
  • 350Hk1169 k. Erroneous Release.

350H Sentencing and PunishmentA convicted inmate who, through no fault of his or her own, is erroneously released from custody by the State is entitled to time credit toward the expiration or discharge of a sentence, because it would be unreasonable, and would defy human nature, to expect one who has been erroneously released from custody to insist to the authorities that he should be re-incarcerated.
Ex parte Thiles, 333 S.W.3d 148 (Tex. Crim. App. 2011)