IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-87,501-01
EX PARTE RASHOD EMERY ALLEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. B20485-1706 IN THE 64TH DISTRICT COURT
FROM HALE 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 engaging in
organized criminal activity, and was sentenced to ten years’ imprisonment.
After a review of the records, we find that Applicant's claims pertaining to a charge
of sexual assault of a child that was apparently dismissed when he pleaded guilty to this
charge are without merit. Therefore, they are denied. Applicant's remaining claim
concerning the denial of pre-sentencing credit for time spent in confinement prior to his plea
2
is 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 .")
Filed: October 25, 2017
Do not publish
Allen, Rashod Emery
Combined Opinion