Dixon, David Felix

• Court: Court of Criminal Appeals of Texas
• Decided: July 26, 2006
• Docket: WR-64,793-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-64,793-01 EX PARTE DAVID FELIX DIXON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 03-02-00884-CR(1) IN THE 410^th DISTRICT COURT

FROM MONTGOMERY 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 driving while intoxicated and sentenced to five years' imprisonment.

Applicant contends that he is being denied jail time credits. Specifically, he contends that he is being denied credits for the period before he was sentenced on February 22, 2005. Applicant is requesting pre-sentence jail time credits. The proper remedy for such a claim is a nunc pro tunc motion. Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004). Accordingly, Applicant's pre-sentence jail time credit claim is dismissed.

Applicant further contends that he is being denied jail time credits for the period from February 22, 2005 to March 28, 2005. According to the judgment in Applicant's case, he was sentenced on February 22, 2005, and credited with 113 days. His official sentence begin date is therefore November 1, 2004. Applicant's claim is without merit. Accordingly, it is denied.

Filed: July 26, 2006

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