Brown, Myron Keith

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-76,227-02

EX PARTE MYRON KEITH BROWN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-0753889-M IN THE 194^TH DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of unlawful possession of a firearm by a felon and sentenced to three years' imprisonment.

In this application, Applicant raises grounds alleging that he is entitled to pre-sentence jail time credits for time spent in a drug treatment program. The trial court agreed and recommended crediting Applicant's sentence with 274 days.

This Court has decided that the appropriate remedy for claims relating to pre-sentence jail time credits "is to require Applicant to present the issue to the trial court by way of a nunc pro tunc motion." Ex parte Ybarra, 149 S.W.3d 147, 148-49 (Tex. Crim. App. 2004). "If the trial court denies the motion for judgment nunc pro tunc or fails to respond, relief may be sought by filing an application for writ of mandamus in a court of appeals." Ex parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App. 2010).

Applicant's habeas corpus application raising claims for pre-sentence jail time credit is dismissed pursuant to Ex Parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004). Ex parte Deeringer, 210 S.W.3d 616, 618 (Tex. Crim. App. 2006).

Filed: January 11, 2012

Do Not Publish