Garcia, Jonathan Adrian

• Court: Court of Criminal Appeals of Texas
• Decided: November 23, 2022
• Docket: WR-94,315-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,315-01

EX PARTE JONATHAN ADRIAN GARCIA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W16-59669-V(A) IN THE 292ND DISTRICT COURT FROM DALLAS COUNTY

Per curiam.

ORDER

Applicant originally pleaded guilty to robbery and was placed on deferred adjudication

community supervision for a period of five years. Later, he was adjudicated guilty and sentenced

to four years’ imprisonment. Applicant did not appeal his conviction. Applicant filed this

application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded

it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.

Applicant contends that he was denied pre-sentence jail time credit, his continued

incarceration is wrong because he has changed and has a family to support, he cannot fulfill his plans

to be successful while in prison and wants a second chance, and he has learned his lesson.

Applicant’s claim concerning pre-sentence jail time credit is dismissed. Ex parte Ybarra, 149 2

S.W.3d 147, 148–49 (Tex. Crim. App. 2004) (the appropriate remedy for obtaining pre-sentence jail

time credit is to present the issue to the trial court by way of a nunc pro tunc motion, and if the trial

court fails to respond, to seek relief in the Court of Appeals by way of a petition for a writ of

mandamus). Applicant’s remaining claims are without merit and are denied. Accordingly, this

application is denied in part and dismissed in part. Ex parte Deeringer, 210 S.W.3d 616, 617–18

(Tex. Crim. App. 2006).

Filed: November 23, 2022 Do not publish