Rainey, William Len

• Court: Court of Criminal Appeals of Texas
• Decided: September 26, 2007
• Docket: WR-68,056-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-68,056-01 EX PARTE WILLIAM L. RAINEY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NUMBERS 20783A IN THE 91^ST JUDICIAL

DISTRICT COURT FROM EASTLAND COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of indecency with a child and was sentenced to seven (7) years' confinement. No direct appeal was taken.

After a review of the record, we find that Applicant's involuntary plea claim is without merit and, thus, deny relief. Mitschke v. State, 129 S.W.3d 130, 136 (Tex. Crim. App. 2004). Applicant's no evidence/insufficient evidence claim is denied. See, e.g., Dinnery v. State, 592 S.W.2d 343 (Tex. Crim. App. 1980). Applicant's Brady violation claim is denied. See, e.g., Little v. State, 991 S.W.2d 864 (Tex. Crim. App. 1999). Applicant's pre-sentence jail time credit claim is dismissed. Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004). Where an inmate seeks pre-sentence jail time credit, "[t]he appropriate remedy in this situation is to require Applicant to present the issue to the trial court by way of a nunc pro tunc motion, . . . [and] [i]f the trial court fails to respond, Applicant 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." Id. at 148-149.

DELIVERED: September 26, 2007

DO NOT PUBLISH