Matthews, Ex Parte Larry Mike ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. AP-75,064

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EX PARTE LARRY MIKE MATTHEWS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NUMBER W380-80563-01 IN THE 380TH JUDICIAL DISTRICT COURT

COLLIN COUNTY

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   Per Curiam.



O P I N I O N  

This is a post-conviction application for writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3 of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of driving while intoxicated, and punishment was assessed at twenty years confinement. Applicant's conviction was affirmed on appeal.   Matthews v. State No. 10-02-054-CR (Tex. App. --Waco, delivered January 15, 2003, pet. ref'd).

Applicant contends, inter alia, that he has been denied credit for all time spent in jail, pursuant to the instant conviction, from January 27, 2001, to May 11, 2001. The trial court finds that the Applicant was confined before trial pursuant to this cause continuously from January 27, 2001, to May 11, 2001 -- a total of 106 days. Further, the trial court finds that on October 29, 2002, it entered a judgment nunc pro tunc increasing Applicant's pretrial credit from zero to 49 days. Consequently, the trial court finds that the Applicant is entitled to an additional 57 days of credit on his sentence. We agree.

Relief is granted, in part. In cause number W380-80563-01 from the 380th District Court of Collin County, the Texas Department of Criminal Justice is ordered to credit Applicant an additional 57 days. Applicant's other claims are denied.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Institutional Division, Paroles Division, and the Board of Pardons and Paroles.

DELIVERED: JANUARY 12, 2005

DO NOT PUBLISH