in Re Shawn Evans ( 2021 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-21-00330-CR
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IN RE SHAWN EVANS
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Original Proceeding
9th District Court of Montgomery County, Texas
Trial Cause No. 17-06-07753-CR
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MEMORANDUM OPINION
In a petition for a writ of mandamus, Shawn Evans argues he is entitled to
credit on his sentence for 426 days spent on house arrest prior to sentencing. In
response, the State argues that resolving the time-credit claim requires statutory
construction that is unavailable through the ministerial function of a judgment nunc
pro tunc.
“A motion for judgment nunc pro tunc or a writ of mandamus to the appellate
court if such a motion is denied will provide a remedy only if the right to pre-trial
jail-time credit is absolutely indisputable under the terms of Article 42.03, Section
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2(a)(1).” In re Brown, 343 S.W.3d 803, 804 (Tex. Crim. App. 2011). Evans has not
shown that he is indisputably entitled to mandamus relief. Accordingly, we deny the
petition for a writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on November 4, 2021
Opinion Delivered November 17, 2021
Do Not Publish
Before Kreger, Horton and Johnson, JJ.
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