Kincaid, Stephen Lee

• Court: Court of Criminal Appeals of Texas
• Decided: March 1, 2006
• Docket: WR-63,979-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-63,979-01 STEPHEN LEE KINCAID, Relator

v.

268^TH JUDICIAL DISTRICT COURT, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

FROM FORT BEND COUNTY

Per curiam.

O R D E R

This is an original application for a writ of mandamus. Relator alleges that he filed a motion for judgment nunc pro tunc seeking pre-sentencing jail time credit in the 268^th Judicial District Court of Fort Bend County on April 19, 2005, but that no action has been taken on this motion.

The appropriate remedy when an individual is seeking pre-sentencing jail time credit is to require the individual to present the issue to the trial court by way of a nunc pro tunc motion, as Relator has done in this case. If the trial court fails to respond, the individual is first required to seek relief in the Court of Appeals, by way of a petition for a writ of mandamus, unless there is a compelling reason not to do so. Ex parte Ybarra, 149 S.W.3d 147, 148-149 (Tex. Crim. App. 2004).

Because Relator has not stated a compelling reason for this Court to consider his application, he must first seek relief in the Court of Appeals by filing his application for writ of mandamus in that court. Padilla v. McDaniel, 122 S.W.3d 805, 808 (Tex. Crim. App. 2003). Leave to file in this Court is denied.

DELIVERED: March 1, 2006

DO NOT PUBLISH.