Legal Question in Civil Rights Law in Texas

a texas man was given a void twenty year sentence for aggravted assault against his wife.under texas law penal code 22.02 aggravated assualt serious bodilt injury 3rd degree carries a sentence o 2 to 10 ten years with no paragraph enhancement in 1991.he was mentaly ill not knowing the law his attorney allowed the court to sentence him to 20 years on a plea bargain for a sentence that carried only ten years.he was tdcj in texas where he did 15 calender years on a void sentence and was release in 2007. but while in prison a former inmate file an writ of habeas corpus 11.07 in the court of criminal appeals on his behalf.sharon keller the appeal judge rule in his favor saying the was sentence was unlawful and sent a mandate to the trial court to grant relief.while already release on parole he went back to the trial court to get his case dismiss from the court of criminal appeals decision to grant relief.but the trial court resentence him to ten years for the same offence and gave him time serve .my question is how can a trial court resentence you for the same offense you have already serve the maximum expired time for and the sentence was void from the beginning.does this have the right to sue for false imprisonment under malicious prosecution and the excessive years he was held incarcerated on a void sentence outside the sentencing guide line.


Asked on 4/28/13, 1:14 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

If he has served all 10 years, then he cannot be required to do more. Talk to a habeas lawyer.

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Answered on 4/30/13, 11:56 am


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