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in Re: Cary Gipson

Citation: Not availableDocket: 12-08-00261-CR

Court: Court of Appeals of Texas; June 18, 2008; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Cary Gipson filed a petition for a writ of mandamus seeking credit for time served while awaiting transport to the State's Substance Abuse Felony Program (SAFP). The court determined it lacks jurisdiction over the Texas Board of Pardons and Paroles in this matter, as outlined in Texas Government Code § 22.221. Consequently, the petition was dismissed due to a lack of jurisdiction. The opinion was delivered on June 18, 2008, by a panel consisting of Chief Justice Worthen and Justices Griffith and Hoyle. The ruling is not to be published.

Legal Issues Addressed

Dismissal for Lack of Jurisdiction

Application: Due to the lack of jurisdiction, the court dismissed Cary Gipson's petition for a writ of mandamus.

Reasoning: Consequently, the petition was dismissed due to a lack of jurisdiction.

Jurisdiction over State Agencies

Application: The court determined that it does not have jurisdiction over the Texas Board of Pardons and Paroles regarding the petition filed by Cary Gipson.

Reasoning: The court determined it lacks jurisdiction over the Texas Board of Pardons and Paroles in this matter, as outlined in Texas Government Code § 22.221.