in Re: Michael Paul Greiner

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 20, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 20, 2007.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-07-00090-CV

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IN RE MICHAEL PAUL GREINER,

 Relator

 

 

 

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

 

 

M E M O R A N D U M  O P I N I O N

On February 5, 2007, relator Michael Paul Greiner, an inmate in the Texas Department of Criminal Justice, filed a mandamus petition in this court seeking an order compelling the presiding judge of the 208th Judicial District Court, Harris County, Texas, to credit him for time served while awaiting sentencing.  Relator complains that when he was sentenced in the trial court under two cause numbers in 1991, he received credit for pre-sentence jail time only under one cause number.


The trial court is required to grant an applicant pre‑sentence jail time credit when sentence is pronounced.  Tex. Crim. Proc. Code Ann. art. 42.03 ' 2(a) (Vernon 2006); Ex parte Ybarra, 149 S.W.3d 147, 148 (Tex. Crim. App. 2004).  Should the trial court fail to do so, it has the authority to correct the judgment to reflect the pre-sentence time credit through judgment nunc pro tunc.  See Ex parte Ybarra, 149 S.W.3d at 148.  Thus, an inmate seeking pre-sentence jail time credit should present the issue to the trial court by way of a nunc pro tunc motion.  Id.   If the trial court denies the nunc pro tunc motion or refuses to rule, relief may be available by way of mandamus.  See id. at 149. 

In this case, relator states he filed a writ of habeas corpus in the trial court requesting the time credit.  He attached copies of the judgments in both causes to his petition for writ of mandamus, but no other documents.  Therefore, relator fails to establish that he is entitled to the requested mandamus relief.  Accordingly, we deny relator=s petition for writ of mandamus.   

 

PER CURIAM

 

Petition Denied and Memorandum Opinion filed February 20, 2007.

Panel consists of Justices Yates, Anderson, and Hudson.