in Re Richard Franklin
Opinion
IN THE TENTH COURT OF APPEALS
No. 10-08-00309-CR
IN RE RICHARD FRANKLIN
Original Proceeding
MEMORANDUM OPINION
Richard Franklin filed a petition for writ of mandamus against the trial judge of
the 87th District Court of Freestone County. It appears from the petition that in June of
this year, Franklin filed a motion nunc pro tunc with the trial court asking for pre and
post sentencing jail time credit. Franklin now requests this Court to compel the trial
court to grant Franklin’s motion nunc pro tunc for jail time credit. This, we cannot do.
See State ex rel. Curry v. Gray, 726 S.W.2d 125, 128 (Tex. Crim. App. 1987).
Accordingly, Franklin’s petition is denied.
TOM GRAY Chief Justice Before Chief Justice Gray, Justice Vance, and Justice Reyna Petition denied Opinion delivered and filed September 17, 2008 Do not publish [OT06]
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