Rodriguez, Gilbert JR. ( 2009 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-44,567-02

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EX PARTE GILBERT RODRIGUEZ, JR., Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 92-CR-0565-E(2)

FROM NUECES COUNTY

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   Price, J., concurring.

S T A T E M E N T

   In this application for a writ of habeas corpus, the Applicant has requested to be credited with pre-sentence time. I agree that this writ application should be dismissed under Texas Code of Criminal Procedure Article 11.07, § 4, as a subsequent writ. In any event, the proper vehicle for requesting pre-sentence time credit is a motion for judgment nunc pro tunc, to be filed with the district court. Ex parte Ybarra, 149 S.W.3d 147, 148 (Tex. Crim. App. 2004).

Delivered: December 9, 2009

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