IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
IN CAUSE NO. W98-43771-L IN THE CRIMINAL DISTRICT
COURT NO. 5 OF DALLAS COUNTY
O P I N I O N
This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, TEX.CODE CRIM.PROC. Applicant was convicted of aggravated assault and punishment was assessed at imprisonment for three years. No appeal was taken from this conviction.
Applicant contends that he has not received credit on this sentence as was ordered by the trial court in a nunc pro tunc order entered March 15, 2005, and that credit would have discharged this sentence on December 12, 2005. The trial court has entered findings that an affidavit from the Texas Department of Criminal Justice, Criminal Institutions Division, is correct, and that affidavit reflects that credit given in the nunc pro tunc order was never applied to Applicant's sentence. In Applicant's previous application the trial court found that Applicant was entitled to credit in this cause from December 12, 2002, and that a nunc pro tunc order had been entered giving that credit. Application of that credit to this sentence shows the sentence expired December 11, 2005. Applicant is entitled to relief.
Relief is granted. The Texas Department of Criminal Justice, Criminal Institutions Division, shall credit Applicant's sentence in cause number W98-43771-L in the Criminal District Court No. 5 Court of Dallas County for the period from December 12, 2002, to the date of sentencing, thereby discharging this sentence, and shall withdraw any outstanding detainers for this sentence.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Criminal Institutions and Parole Divisions.
DELIVERED: June 21, 2006
DO NOT PUBLISH