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of credit card abuse and punishment was assessed at one year confinement in a state jail after community supervision was revoked.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that he has not been given credit for all the time he was confined in this cause before his community supervision was revoked.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that Applicant was confined on a motion to revoke community supervision for 33 days until the community supervision was revoked on April 23, 2002, and the judgment reflects Applicant did not receive credit for this time.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 994937 in the 299th Judicial District Court of Travis County for an additional 33 days.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, state jail division.
DELIVERED: April 9, 2003
DO NOT PUBLISH