Thomas, John Rod

• Court: Court of Criminal Appeals of Texas
• Decided: November 7, 2007
• Docket: WR-27,548-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-27,548-03 & WR-27,548-04 EX PARTE JOHN ROD THOMAS, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

FROM DALLAS COUNTY

Per Curiam.

O R D E R

This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was twice convicted of aggravated sexual assault and sentenced to two terms of life imprisonment.

In the instant application, Applicant claims that he has been improperly denied four days' time credit for the time he was held in the City of Irving jail from the date of his arrest on October 27, 1983, until his transfer to the Dallas County Jail on October 31, 1983.

The trial court has recommended granting relief. However, because Applicant is requesting credit for pre-sentence jail time, he must first present his claims to the trial court by way of a nunc pro tunc motion. Ex parte Ybarra, 149 S.W.3d 147, 148-149 (Tex. Crim. App. 2004). If the trial court fails to respond, Applicant is then 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. Accordingly, Applicant's claims are dismissed.

DO NOT PUBLISH

DELIVERED: November 7, 2007