Stringfellow, Toni Charlene



















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NOS. WR-67,310-01, WR-67,310-02, AND WR-67,310-03


EX PARTE TONI C. STRINGFELLOW, Applicant


ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NUMBERS 2005CR6212-W1, 2005 CR7890-W1, AND 2005CR1849-W1 IN THE 186TH JUDICIAL DISTRICT COURT FROM BEXAR COUNTY


Per curiam.



O R D E R



Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three counts of obtaining drugs by fraud and was sentenced to thirty-five (35) years' imprisonment for each count. The Fourth Court of Appeals dismissed Applicant's direct appeal for want of jurisdiction. See Stringfellow v. State, No. 04-06-00264-CR (Tex. App.- San Antonio, 2006, no pet.).

After a review of the record, we find that Applicant's involuntary plea claim is without merit and deny relief. See Ex parte Morrow, 952 S.W.2nd 530 (Tex. Crim. App. 1997). We also find that Applicant's ineffective assistance of counsel claim is without merit and deny relief. See Strickland v. Washington, 466 U.S. 668 (1984). Applicant's claim that she is entitled to credit for time spent confined in state jail before sentencing 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 so." Ex parte Ybarra, 149 S.W.3d 147, 148 (Tex. Crim. App. 2004).



DELIVERED: April 25, 2007

DO NOT PUBLISH