Jenkins, Rodney Len ( 2010 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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  NOS. WR-74,409-01, WR-74,409-02 AND WR-74,409-03

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EX PARTE RODNEY LEN JENKINS, Applicant

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ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. D900270AR, D880333AR AND D880336AR

IN THE 260^TH DISTRICT COURT

FROM ORANGE COUNTY

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           Per curiam.

O R D E R

            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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to three charges of delivery of a controlled substance, and was sentenced to three fifteen-year sentences, to run concurrently .

            After a review of the records, we find that Applicant's claims concerning the denial of street time credit for time spent out on parole are without merit. Therefore, we deny relief. Applicant's remaining claims concerning the denial of pre-sentencing jail time credit are 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 so .")

Filed: September 8, 2010

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