Clark, John Edwards

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,262-01 EX PARTE JOHN EDWARDS CLARK, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER CR2006-069 IN THE 207^th JUDICIAL DISTRICT COURT

COMAL COUNTY

Per Curiam.

O R D E R

This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of tampering with a government record and his sentence was assessed at two years' confinement in state jail. No direct appeal was taken.

After a review of the record, we find that Applicant's claim which challenges the denial of pre-sentence jail time credit is subject to dismissal pursuant to this Court's holding in Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004). ⁽¹⁾ Applicant's remaining claims are denied .

DELIVERED: July 23, 2008

DO NOT PUBLISH

1. The trial court has entered findings of fact that Applicant is entitled to additional pre-sentence jail time credit. However, the trial court may grant this additional time credit by way of a nunc pro tunc order.