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 burglary of a building and punishment was assessed at two years confinement in a state jail after community supervision was revoked. No appeal was taken from this conviction.
Applicant contends that he has not been given credit for all the time he was confined in this cause before his community supervision was revoked. The trial court found that Applicant was confined on motions to revoke community supervision from September 26, 1998 to December 7, 1998, and from September 11, 2001, until the community supervision was revoked on September 20, 2001. The judgment reflects Applicant did not receive credit for this time. Applicant is entitled to relief. Ex parte Bates, 978 S.W.2d 575 (Tex. Crim. App. 1998).
Relief is granted. The Texas Department of Criminal Justice, state jail division, shall credit Applicant's sentence in cause number 46,525 in the 264th Judicial District Court of Bell County for the additional periods from September 26, 1998 to December 7, 1998, and from September 11, 2001, to September 20, 2001.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, state jail division.
DELIVERED: January 22, 2003
DO NOT PUBLISH