Untitled Texas Attorney General Opinion ( 1981 )

The Attorney General of Texas
November 6. 1981
MARK WHITE
Attorney General
Honorable John T. Montford Opinion No. m-386
Supreme Court Building
P. 0. Box 12546
Criminal District Attorney
Austin. TX. 76711 2nd Floor. County Courthouse Re: Application of articles
5121475-2501 Lubbock, Texas 79401 43.09 and 42.03 of the Code of
Telex 9101674-1367 Criminal Procedure to the
Telecopier 51214750266
justice courts
Dear Mr. Montford:
1607 Main Sl.. Suite 1400
Dallas. TX. 75201 You ask two questions which relate to the application of certain
2141742-8944 criminal procedure rules to the justice courts.
4624 Alberta Ave.. Suite 160
Your first question is:
El Paso, TX. 79905
9151533.3464 Does article 43.09, as amended by the 67th
Legislature (Senate Bill No. 430) raising the
credit for fines and costs 'laid out' from $5 to
1220 Dallas Ave.. Suite 202
“ouston. TX. 77002
$15 per day, apply to fines and costs assessed in
7131650.0666 justice court in view of article 45.53, which
provides for credit of $5 per day?
606 Broadway. Suite 312
The Sixty-seventh Legislature amended article 45.53 of the Code of
Lubbock. TX. 79401
6061747-5236
Criminal Procedure to provide that a defendant placed in jail by order
of a justice court may serve out his fine at the rate of "not less
than $15 for each day." House Bill No. 647, Acts 1981, 67th Leg., ch.
4309 N. Tenth. Suite B 708, at 2648; see Code Crim. Proc. art. 45.52. Therefore, article
McAllan. TX. 76501
5121662.4547
45.53 rather than 43.09 controls the credit for fines and costs
assessed in justice court.
200 Main Plaza. Suite 400 Your second question is:
San Antonio. TX. 78205
5121225.4191
Does article 42.03 of the Code of Criminal
Procedure require justice courts to give credit
A” Equal OpportunItyi for pre-conviction jail time?
Affirtnatwe Action Employer
The relevant section of article 42.03 reads:
sec. 2. (a) In all criminal cases the judge
of the court in which the defendant was convicted
shall give the defendant credit on his sentence
for the time that the defendant has spent in jail
p. 1312
’ .,
Mr. John 2. Montford - Page 2 (MW-386)
in said cause, from the time of his arrest and
confinement until his sentence by the trial court.
This is a general statute which applies to all convictions in the
absence of a more specific enactment. See Ex parte Young, 136 S.W.2d
863 (Tex. Grim. App. 1940). We have not found a more specific statute
relating to the credit of jail time served prior to conviction in
justice court.
In interpreting this statute, the Texas Court of Criminal Appeals
has determined that a pre-conviction jail time credit against a
defendant's later sentence is mandatory. Jones v. State, 545 S.W.2d
771 (Tex. Crim. App. 1977); Guerra v. State. 518 S.W.2d 815 (Tex.
Grim. App. 1975). Therefore, because article 42.03 applies to justice
courts as well as other state courts, they must give credit for
pre-conviction jail time.
SUMMARY
Justice courts must comply with articles
42.03 and 45.53 of the Code of Criminal Procedure.
g#
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Dawn Bruner
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Dawn Bruner
Rick Gilpin
Maury Hexamer
Jim Moellinger
Bruce Youngblood
p. 1313
’ .