Henley, Daniel

• Court: Court of Criminal Appeals of Texas
• Decided: June 30, 2021
• Docket: WR-92,662-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-92,662-01

EX PARTE DANIEL HENLEY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1603141-A IN THE 232ND DISTRICT COURT FROM HARRIS COUNTY

Per curiam.

ORDER

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 a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to arson and was

sentenced to seven years’ imprisonment.

Applicant contends that he was wrongly convicted of a first degree felony and that he did not

receive pre-sentence jail time credit. Applicant’s claim concerning his conviction is denied. TEX .

PENAL CODE § 28.02(d)(2). His claim concerning pre-sentence jail time credit is dismissed. Ex parte

Ybarra, 149 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, 2

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). 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Filed: June 30, 2021 Do not publish