Legal Question in Criminal Law in Texas

11.07 is a reference to the code section dealing with writs of habeas corpus - post conviction habeas. It is not about time cuts. To get a time cut, one must get the agreement of 2 of the 3 following officials: THE D.A., THE judge of his case, and / or THE sheriff of the county.

Here is some additional information about a time cut:

The formal term for a "time cut" is a commutation of sentence and the procedure is set out in �143.52 of Title 37 of the Texas Administrative Code.

The Texas Board of Pardons and Paroles will consider recommending to the Governor a commutation of sentence if it receives a request for a commutation and the request is accompanied by the written recommendation of at least two of the three trial officials. (Trial officials are the sheriff and district attorney of the county of conviction and the sitting judge of the court in which the conviction occurred). The written recommendations from the trial officials must include the following information: (1) a statement that the penalty now appears to be excessive; (2) a recommendation of a definite term now considered by the officials as just and proper; and (3) a statement of the reasons for the recommendation based upon facts directly related to the facts of the cases and in existence, but not available to, the court or jury at the time of the trial, or a statutory change in penalty for the crime which would appear to make the original penalty excessive.

After obtaining the favorable written recommendations of the trial officials, a majority of the Texas Board of Pardons and Paroles must vote to send the request to the Governor with a recommendation to grant the time cut.

In 2007, the Board received 8 time cut requests. Of those, only 1 was sent to the Governor's office with a favorable recommendation.

In 2008, the Board received 27 time cut requests and did not send any to the Governor's office with a favorable recommendation.

In 2009, the Board received 36 time cut requests and did not send any to the Governor's office with a favorable recommendation.

As for the Governor, the last time he granted a time cut request was in 2003. That same year he denied five other requests that had been on his desk since 2001.