This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of assault on a public servant. Punishment was assessed at six years imprisonment. No direct appeal was taken.
Applicant contends that he is being denied pre-trial jail time credit for the periods from June 18, 1997 until September 8, 1997, and from August 29, 1998 until December 14, 1998.
The trial court has filed findings of fact and conclusions of law, supported by the record, recommending that relief be granted. Specifically, the trial court finds that Applicant is entitled to pre-trial jail time credit for the periods from June 18, 1997 until September 5, 1997, August 29, 1998 until December 14, 1998, and from August 10, 1999 until February 29, 2000. Applicant is entitled to relief to the extent that he is not already been given credit.
Relief is granted. The officials at the Texas Department of Criminal Justice -- Institutional Division, are hereby ordered to amend Applicant's records to reflect additional time credit in Cause Number 97-426093-A in the 140th Judicial District Court of Lubbock County, as set out in the trial court's findings of fact and conclusions of law.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Institutional and Pardons and Paroles Divisions.
DELIVERED: January 22, 2003
DO NOT PUBLISH