My boyfriend was sentence in March of 2005 for Murder, offense. that took place in December of 2003. His sentence is Life with Parole eligibility in 2033! Does he not fall under the 1/2 law where he serves half of his sentence and then he can see parole, or does he have to wait till 2033 to see parole? How long is a life sentence?
Texas law states that a person is eligible for parole for a 3(g) offense (such as Murder) when they have served
"... 1/2 of their sentence or thirty (30) years, whichever is less". Because there is no such thing as "1/2 of a life", his earliest parole eligibility date is 30 years. If he had been sentenced to 60 years or 99 years, he would still have the same parole eligibility date, 30 years. If his sentence had been less than 60 years, his parole eligibility date would be 1/2 of the "calendar time" of that sentence. For example, a 40 year sentence yields a parole eligibility date at 20 calendar years, a 15 year sentence is eligible for parole review at 7 years, 6months and so on. Any sentence greater than 60 years has the same parole eligibility date as 60 years does, so there is no greater sentence in Texas for parole purposes than 60 years, except Capital Murder, for which the sentence is "life without parole or death". In short, the parole eligibility date of 30 years in his case is accurate. The only thing that you can do is try to obtain the funding to hire a lawyer for a Writ of Habeas Corpus, a legal means to challenge the "fairness" (Due Process) of the legal proceeding that led to his life sentence. If some critical error(s) occurred he may be able to get a "new trial".
A life sentence is - you die in prison. If you get out and you're not dead, that's called parole. That won't happen until 2033. He's not your boyfriend anymore, you should probably move on. Don't throw away 20 years of your life waiting for his first chance to get parole.
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He will not be CONSIDERED for parole THE FIRST TIME until 2033. That is absolutely NOT a guarantee that he will be released at that time. A GREAT NUMBER of "3g" convicts in Texas serve closer to 3/4 or more of their sentences. For some reason, the parole board frowns upon people convicted of murder.
Writs of Habeas Corpus are seldom effective in Texas. There must be a grievious miscarriage of justice to have much of a chance at one. AND, you'd better have a ton of cash to be ready to throw away if that is something you want to explore.
Earlier advice was correct - move on with your life.
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