Ex parte Garcia, WR-94,315-01

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Writing for the CourtPER CURIAM
PartiesEX PARTE JONATHAN ADRIAN GARCIA, Applicant
Docket NumberWR-94,315-01
Decision Date23 November 2022

EX PARTE JONATHAN ADRIAN GARCIA, Applicant

No. WR-94,315-01

Court of Criminal Appeals of Texas

November 23, 2022


Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W16-59669-V(A) IN THE 292ND DISTRICT COURT FROM DALLAS COUNTY

ORDER

PER CURIAM

Applicant originally pleaded guilty to robbery and was placed on deferred adjudication community supervision for a period of five years. Later, he was adjudicated guilty and sentenced to four years' imprisonment. Applicant did not appeal his conviction. Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.

Applicant contends that he was denied pre-sentence jail time credit, his continued incarceration is wrong because he has changed and has a family to support, he cannot fulfill his plans to be successful while in prison and wants a second chance, and he has learned his lesson. Applicant's claim concerning pre-sentence jail time credit is dismissed. Ex parte Ybarra, 149 S.W.3d 147, 148-49 (Tex. Crim. App. 2004)

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(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, 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). Applicant's remaining claims are without merit and are denied. 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).

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