in Re Robert Lowery ( 2010 )

Opinion issued July 2, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-01011-CR

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IN RE ROBERT LOWERY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator, Robert Lowery, has filed a petition for writ of mandamus that requests this Court to direct respondent[1] to reform the judgment and sentence[2] in trial court cause number 1103070 to reflect the proper time credit owed to relator.  On November 25, 2009, the trial court entered an “Order Granting Credit For Jail Time Nunc Pro Tunc” that provided that the sentence in cause number 1103070 be corrected to reflect that the defendant, Robert Lowery, receive credit for the incarceration period March 8, 2007 to October 8, 2007.

The petition for writ of mandamus is denied.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Keyes, Hanks, and Higley.

Do not publish.   Tex. R. App. P. 47.2(b).

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[1]           Relator names as respondent the Honorable Jeannine Barr, Presiding Judge, 182nd District Court, Harris County, Texas.

[2]           Relator pleaded guilty to the offense of aggravated robbery, in cause number 1103070.  On October 8, 2007, relator was sentenced to confinement for eight years.  Relator did not appeal his conviction.