This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of sexual assault and was sentenced to three years in prison. No appeal was taken from this conviction.
In his present application, Applicant contends he is not receiving credit for all of the time that he spent confined prior to trial. The record reflects that applicant was arrested for this offense on June 16, 1998, and confined until the date of his plea of guilty on November 12, 1998. Applicant was rearrested on July 20, 1999, and confined until his probation amendment hearing on August 20, 1999. Applicant was arrested on May 28, 2000, and confined until he was released on bond on July 11, 2000. Applicant was rearrested on August 29, 2000, and confined until February 7, 2001. Finally, Applicant was arrested on August 5, 2001, and confined until he was adjudicated guilty on September 14, 2001. This is a total of 431 days. However, the judgment gives applicant only 350 days of pretrial credit. Applicant is entitled to eighty-one days additional pretrial credit on his sentence.
Habeas corpus relief is granted to the extent that in cause number 32668-A from the 249th District Court of Johnson County, the Texas Department of Criminal Justice, Institutional Division, is ordered to grant Applicant additional credit for the above-mentioned time periods.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Institutional Division, Paroles Division, and Board of Pardons and Paroles Division.
DELIVERED: March 19, 2003
DO NOT PUBLISH