in Re Clifford James Guynes

• Court: Court of Appeals of Texas
• Decided: March 31, 2006
• Docket: 01-06-00223-CR
• Status: Published

Opinion

Opinion issued March 31, 2006

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-00223-CR

IN RE CLIFFORD JAMES GUYNES, Relator

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

               Relator requests that this Court compel respondent to enter a nunc pro tunc order for credit for jail time served. Relator contends that he is entitled to jail time credit that he demanded from respondent and that respondent refused.

               We deny the petition for writ of mandamus. We first observe that the granting of credit for jail time has historically been accomplished by post-conviction writ of habeas corpus. See Tex. Code Crim. P. Ann. art. 11.07 (Vernon Supp. 2005); Ex parte Dunn, 976 S.W.2d 208 (Tex. Crim. App. 1998).

                Additionally, relator’s petition does not meet the requirements of the Texas Rules of Appellate Procedure. The petition does not certify that a copy was served on respondent. See Tex. R. App. P. 9.5, 52.3(j).

               The petition for writ of mandamus is therefore denied.

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Nuchia, Keyes, and Hanks.