IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
ON APPLICATION FOR WRIT OF HABEAS CORPUS
CAUSE NUMBER 780549-A IN THE 185th JUDICIAL DISTRICT COURT
FROM HARRIS COUNTY
O R D E R
This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated robbery. His sentence was assessed at confinement for a period of ten years. No direct appeal was taken.
After a review of the record, we find that Applicant's claims regarding the ineffective assistance of his counsel are without merit. Therefore, we deny relief.
Applicant's remaining jail credit claim concerning pre-sentence confinement is dismissed. 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." Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004).
DELIVERED: November 1, 2006
DO NOT PUBLISH