Michael Wayne Haley was arrested for stealing a calculator from Walmart in 1997. Because of Haley's previous criminal convictions, he was sentenced to 16-and-a-half years in prison under the Texas habitual offender law. After Haley had exhausted his appeals, it became known that Haley's robbery offense occurred three days before one of his other convictions was finalized; this raised a question about the applicability of the habitual offender statute in his case. As Solicitor General, Cruz declined to vacate Haley's sentence, saying "I think justice is being done because he had a full and fair trial and an opportunity to raise his errors. " The Supreme Court later remanded the case to lower courts based on Haley's ineffective assistance of counsel claim. During oral argument, Cruz conceded that Haley had a very strong argument for ineffective assistance of counsel since Haley's attorney failed to recognize the sentencing error and that he would not move to have Haley re-incarcerated during the appeal process. After remand, Haley was re-sentenced to "time served".