Patterson, Byron Keith ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-65,606-01

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EX PARTE BYRON KEITH PATTERSON, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F03-41136 IN THE 194^TH JUDICIAL DISTRICT COURT FROM DALLAS 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 this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant originally pleaded guilty to assault and was sentenced to ten years, probated for four years. Applicant's community supervision was later revoked, and he was sentenced to four years' imprisonment.

Applicant contends that he is being denied credit toward his sentence for pre-sentencing jail time, and for time spent in a substance abuse felony punishment facility (SAFPF) prior to the revocation of his community supervision. After a review of the records, we find that Applicant's claim concerning the denial of time credit for time spent in a substance abuse felony punishment facility is without merit. Therefore, we deny relief. Applicant's remaining claim concerning the denial of time credit spent in county jail prior to sentencing, either before his original plea or before the court's decision to revoke his community supervision, 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 so").

Delivered: September 27, 2006

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