Hoff, William Isaac ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,729-05
EX PARTE WILLIAM ISAAC HOFF, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 09-9-24700-A-4 IN THE 377th DISTRICT COURT
FROM VICTORIA 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 was convicted of one count of
taking a weapon from a peace officer and one count of attempted taking a weapon from a peace
officer. He originally received two years in state jail for the attempted taking a weapon from a peace
officer count, and ten years, probated, for the taking a weapon from a peace officer count. His
community supervision was later revoked, and he was sentenced to ten years years’ imprisonment.
In the instant application, Applicant alleges that the trial court abused its discretion in various
respects, including the failure to grant Applicant pre-sentencing jail time credit. Applicant’s claim
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regarding the failure to grant pre-sentencing jail time credits 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 ."). His remaining claims are barred from review under Article
11.07, Section 4 of the Texas Code of Criminal Procedure. Therefore, those claims are also
dismissed.
Filed: August 22, 2018
Do not publish.