Flournoy, Ex Parte Michael A.

• Court: Court of Criminal Appeals of Texas
• Decided: January 14, 2004
• Docket: AP-74,857
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 74,857 EX PARTE MICHAEL A. FLOURNOY, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM SAN PATRICIO COUNTY

Per Curiam.

O P I N I O N

This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of possession of a controlled substance, and punishment was assessed at seven years in prison. No direct appeal was taken from this conviction.

Applicant contends that he is not receiving credit for all of the time that he spent confined on this cause. The record reveals that Applicant was incarcerated for a total of 259 days, but he was credited with 212 days. Thus, Applicant is entitled to an additional 47 days of credit.

Habeas corpus relief is granted to the extent that, in cause number 7379-2 from the 36th Judicial District Court of San Patricio County, the Texas Department of Criminal Justice, institutional division, is ordered to change their records to reflect a total of 259 days of time credit.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, institutional division, and Board of Pardons and Paroles Division.

DELIVERED: January 14, 2004

DO NOT PUBLISH