Hubert, Nathaniel Lewis

• Court: Court of Criminal Appeals of Texas
• Decided: April 25, 2012
• Docket: WR-20,734-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-20,734-03 EX PARTE NATHANIEL LEWIS HUBERT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-86-97846 IN THE

CRIMINAL DISTRICT COURT NUMBER TWO

FROM DALLAS 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 delivery of a controlled substance and sentenced to ninety-nine years' imprisonment.

In one ground, Applicant contends that he is being denied both post and pre-conviction time credit. With respect to his post-conviction time credit, he alleges that he is being denied credit for time spent in Colorado under a Texas detainer. The trial court has issued supplemental findings of fact and conclusions of law finding that no detainer in this cause restrained Applicant while he was in Colorado. As there was no detainer in this cause, Applicant is not entitled to time credits in this cause for time spent imprisoned in Colorado. Ex parte Kuban, 763 S.W.2d 426, 427 (Tex. Crim. App. 1989). The trial court's findings are supported by the record. Relief is therefore denied on Applicant's claim for post-conviction time credit. Applicant's claim regarding pre-sentence jail time credit is dismissed under Section 4 of Article 11.07 of the Code of Criminal Procedure.

Filed: April 25, 2012

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