IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,567-01
EX PARTE DAVID WAYNE GRASMAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 03-168-K277 IN THE 277TH DISTRICT COURT
FROM WILLIAMSON 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 possession with
intent to deliver a controlled substance in exchange for ten years’ deferred adjudication community
supervision. His guilt was later adjudicated, and he was sentenced to six years’ imprisonment. He
did not appeal his conviction.
In this application, Applicant alleges in three of his five grounds for review that he is not
receiving the proper amount of pre-sentencing jail time credit. The remaining two grounds appear
to be challenges to the merits of his conviction and sentence after adjudication. Applicant's claims
concerning the denial of credit for time spent in confinement prior to the adjudication of guilt are
dismissed. Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004) (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."). Applicant’s remaining
claims are without merit, and are denied.
Filed: January 14, 2015
Do not publish
Grasman, David Wayne
Combined Opinion