in Re George Jones

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00114-CR ____________________

IN RE GEORGE JONES

_______________________________________________________ ______________

Original Proceeding ________________________________________________________ _____________

MEMORANDUM OPINION

A petition for writ of mandamus filed by George Jones seeks to compel the

judge of the 410th District Court of Montgomery County to add five days of pre-

sentence jail time credit for time Jones spent in jail from October 8, 2003 to

October 13, 2003. See Ex parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App.

2010). The State’s response to the petition includes a judgment nunc pro tunc that

adds five additional days to the jail time credit listed in the original judgment. The

judgment nunc pro tunc was signed before the relator filed his petition for writ of

1 mandamus. 1 Because the relator has not shown that he has been denied pre-

sentence jail time credit, we deny the petition for writ of mandamus. See In re

Brown, 343 S.W.3d 803, 804-05 (Tex. Crim. App. 2011) (mandamus relief is

available only if the right to additional pre-trial jail time credit is absolutely

indisputable).

PETITION DENIED.

PER CURIAM

Submitted on March 24, 2014 Opinion Delivered April 9, 2014 Do Not Publish

Before McKeithen, C.J., Horton and Johnson, JJ.

1 The mandamus record does not show whether the relator was notified that the judgment nunc pro tunc had been signed. 2