IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,662-01
EX PARTE DANIEL HENLEY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1603141-A IN THE 232ND DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
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 this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to arson and was
sentenced to seven years’ imprisonment.
Applicant contends that he was wrongly convicted of a first degree felony and that he did not
receive pre-sentence jail time credit. Applicant’s claim concerning his conviction is denied. TEX .
PENAL CODE § 28.02(d)(2). His claim concerning pre-sentence jail time credit is dismissed. Ex parte
Ybarra, 149 S.W.3d 147, 148-49 (Tex. Crim. App. 2004) (the appropriate remedy for obtaining
pre-sentence jail time credit is to present the issue to the trial court by way of a nunc pro tunc motion,
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and if the trial court fails to respond, to seek relief in the Court of Appeals by way of a petition for
a writ of mandamus). Accordingly, this application is denied in part and dismissed in part. Ex parte
Deeringer, 210 S.W.3d 616, 617-18 (Tex. Crim. App. 2006).
Filed: June 30, 2021
Do not publish
Henley, Daniel
Combined Opinion