Stephens, Ex Parte Frank S. Louis

• Court: Court of Criminal Appeals of Texas
• Decided: March 1, 2006
• Docket: AP-75,348
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

AP-74,348 Ex Parte FRANK Z. LOUIS STEPHENS, Applicant

Application for Habeas Corpus Relief from Judgment in

Case CR2005-077-1 of the 207th Judicial District Court

of Comal County

OPINION

Per Curium.

This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, § 3, TEX. CODE CRIM. PROC. On March 15, 2005, applicant was convicted of possession of a controlled substance -- oxycodone, less than one gram, and punishment was assessed at confinement for 420 days. No appeal was taken. The judgment gave him credit for five days in custody before judgment.

The applicant claims that he was entitled to more credit for confinement in jail before he was convicted.

In this case, the judge of the convicting court entered an order that granted relief and ordered the applicant to be given credit for time spent in custody from October 22, 2004 through March 10, 2005.

Because the trial court has manifested an intent to grant relief, and the granting of such relief will entitle applicant to be released from custody immediately, this Court will grant relief.

We conclude that Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004), is inapplicable to the instant case because the trial court has made findings of fact that applicant should be granted relief, and applicant will be confined illegally unless relief is granted. See id., at 148 n.2. Applicant shall be given jail time credit from October 22, 2004 through March 10, 2005.

The Clerk of this Court will send a copy of this order to the judge of the District Court and to the State Jail Division of the Department of Criminal Justice.

Entered March 1, 2006.

Do Not Publish.