in Re Edward Skinner

• Court: Court of Appeals of Texas
• Decided: April 3, 2003
• Docket: 01-03-00285-CV
• Status: Published

Opinion

Opinion issued April 3, 2003

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-03-00285-CV

IN RE EDWARD SKINNER, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Edward Skinner, complains that he has been denied credit for time served. According to the petition, relator was convicted in cause number 91-12-01456-CR in the 23rd District Court, Brazoria County, and was sentenced to four years' confinement with credit for all four years in time served. Relator complains that the Texas Department of Criminal Justice has "stacked" his four-year sentence on a 25-year sentence he is presently serving in another case.

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. Proc. Ann. art. 11.07 (Vernon 1977 & Supp. 2003); Ex parte Dunn, 976 S.W.2d 208 (Tex. Crim. App. 1998).

In addition, this Court has no mandamus jurisdiction over the Texas Department of Criminal Justice. See Tex. Gov't Code Ann. § 22.221 (Vernon Supp. 2003).

The petition for writ of mandamus is therefore denied.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Higley.