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 murder. Punishment was assessed at sixty years imprisonment. No direct appeal was taken.
Applicant contends that he is being denied time credit for a period he spent, post conviction, incarcerated out-of-state while under a detainer placed by the Texas authorities. Specifically, Applicant is complaining of the period from May 19, 1994, until February 26, 1995.
The trial court has entered findings of fact and conclusions of law, based upon the record, recommending that relief be granted in part. The record reflects that Applicant was incarcerated for the period claimed. However, he has only been denied credit for the period from May 19, 1994, until November 9, 1994, and the trial court recommends that relief be granted for this period.
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 jail time credit for the period from May 19, 1994, until November 9, 1994, in Cause Number 34396-41 in the 41st Judicial District Court of El Paso County.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Institutional and Pardons and Paroles Divisions.
DELIVERED: April 2, 2003
DO NOT PUBLISH